Hi Professor Dale! Thank you for these videos - they've been incredibly helpful as I prepare for my final exams! Also, just wanted to let you know that my property professor is your co-writer, Shelley Saxer! She recommended these videos to my class.
Hi, My unrecorded subdivision owner said there is a covenant on my land but the documents were signed in 2007 only by him and his wife but the first person who bought the land in 2005 did not sign any covenant documents. No owners before me signed the covenant for the land I now own. Can he still restrict my land?
Whether a particular purchaser signed the covenants or not is irrelevant. If the covenants were recorded, or if a purchaser had actual notice of them, then acceptance of the covenants is presumed from acceptance of the deed. However, this assumes that the covenants were mentioned or referred to in the deed. On the other hand, if the covenants were not recorded in the public records, were not mentioned in the deed, and any purchaser bought without actual notice of them, then such a purchaser would likely to be held to take free of the covenants and would be legally permitted to disregard them
@@jimmieljohnson2 I didn't realize from your first message that the subdivider didn't own the land that you bought. Perhaps you need to give me a little more complete explanation of the facts, with the names of the parties.
@@profdalespropertyvideos185 Thank you for replying. Let me see if I can make it clear. Subdivision ower: Frank First ower: Darwin Frank sold the lot to Darwin in 2005. Two years later Frank made a covenant and tried to get the people he sold land to in 2005 to sign the covenant. Asking around the neighborhood it seems no one signed the covenant. I can't find any mention of the covenant on the Deed for Darwin or my deed. I purchased the land after Darwin.
@@jimmieljohnson2 I think I see. Your point is correct. Frank can't enter into a covenant that will bind the lot in question if Frank doesn't own the lot at the time the covenant is executed. Based on the facts you have provided, I don't think either Frank or any of the neighbors can enforce the covenant as to that particular lot.
Your explanation about covenants has been extremely helpful for me! Thank you for your generous sharing on internet!
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Hi Professor Dale! Thank you for these videos - they've been incredibly helpful as I prepare for my final exams! Also, just wanted to let you know that my property professor is your co-writer, Shelley Saxer! She recommended these videos to my class.
Hi, My unrecorded subdivision owner said there is a covenant on my land but the documents were signed in 2007 only by him and his wife but the first person who bought the land in 2005 did not sign any covenant documents. No owners before me signed the covenant for the land I now own. Can he still restrict my land?
Whether a particular purchaser signed the covenants or not is irrelevant. If the covenants were recorded, or if a purchaser had actual notice of them, then acceptance of the covenants is presumed from acceptance of the deed. However, this assumes that the covenants were mentioned or referred to in the deed. On the other hand, if the covenants were not recorded in the public records, were not mentioned in the deed, and any purchaser bought without actual notice of them, then such a purchaser would likely to be held to take free of the covenants and would be legally permitted to disregard them
@@profdalespropertyvideos185 thank you, it didn't make sense to me on how he could make a covenant on land he didn't own.
@@jimmieljohnson2 I didn't realize from your first message that the subdivider didn't own the land that you bought. Perhaps you need to give me a little more complete explanation of the facts, with the names of the parties.
@@profdalespropertyvideos185
Thank you for replying. Let me see if I can make it clear.
Subdivision ower: Frank
First ower: Darwin
Frank sold the lot to Darwin in 2005. Two years later Frank made a covenant and tried to get the people he sold land to in 2005 to sign the covenant. Asking around the neighborhood it seems no one signed the covenant. I can't find any mention of the covenant on the Deed for Darwin or my deed. I purchased the land after Darwin.
@@jimmieljohnson2 I think I see. Your point is correct. Frank can't enter into a covenant that will bind the lot in question if Frank doesn't own the lot at the time the covenant is executed. Based on the facts you have provided, I don't think either Frank or any of the neighbors can enforce the covenant as to that particular lot.