On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick

Even if you don't sign it?

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

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http://www.thebayguide.com/rec.boats
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On Tue, 21 Aug 2007 18:00:21 -0400, Gene Kearns
wrote:

On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.

I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick

Even if you don't sign it?

Gene, when I last bought a house with an HOA, signing the papers was part
of the closing process. Where I now live doesn't have an HOA, per se,
although we do have an 'association'. There is no set of rules/bylaws which
must be obeyed.
--
John H

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick

Even if you don't sign it?


If you buy the property you agree to the deed restrictions and covenants.

On Tue, 21 Aug 2007 20:24:12 -0400, BAR penned the following well
considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick

Even if you don't sign it?


If you buy the property you agree to the deed restrictions and covenants.

Thank you. That was my point.

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
-----------------
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Access your favorite newsgroups from home or on the road
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Gene Kearns wrote:
On Tue, 21 Aug 2007 20:24:12 -0400, BAR penned the following well
considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Gene Kearns wrote:
My guess is that nothing is binding, if they didn't also assent to and
sign the restrictive covenants prior to purchase.
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Rick
Even if you don't sign it?

If you buy the property you agree to the deed restrictions and covenants.

Thank you. That was my point.

Well of course if you didn't own the property you would not have to obey
the covenants.

Gene Kearns wrote:
:On Tue, 21 Aug 2007 15:50:25 -0500, lid penned the
:following well considered thoughts to the readers of rec.boats:

:Gene Kearns wrote:
:My guess is that nothing is binding, if they didn't also assent to and
:sign the restrictive covenants prior to purchase.
:
:I don't know about your state, but in mine it's as binding as any
:other deed restriction. And deed restrictions are very much binding.
:
:Rick

:Even if you don't sign it?

It's part of the deed. By purchasing the property, you're obligating
yourself to follow them. There are exceptions, for instance, many
properties contain restrictions prohibiting blacks, jews, or otherwise
people the developer thought were "undesirable". These are
unenforcable, and meaningless, but still exist on many properties.
the other big exception is for radio and television antennas. The FCC
has final say about rules for antennas, and generally, local laws,
homeowner associations have to put up with them. There are exceptions
for some safety issues, and for some historical districts.

David Scheidt wrote:
There are exceptions, for instance, many
properties contain restrictions prohibiting blacks, jews, or otherwise
people the developer thought were "undesirable". These are
unenforcable, and meaningless, but still exist on many properties.

Exactly.
An Abstractors job can get complicated.

Rick

Phantman:
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Gene Kearns wrote:
Even if you don't sign it?

Yep.
A deed restriction runs with the land. It's one of the reasons you get
a Title Opinion before buying property. To uncover these sorts of
things.

Rick

On Tue, 21 Aug 2007 20:55:52 -0500, lid penned the
following well considered thoughts to the readers of rec.boats:

Phantman:
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Gene Kearns wrote:
Even if you don't sign it?

Yep.
A deed restriction runs with the land. It's one of the reasons you get
a Title Opinion before buying property. To uncover these sorts of
things.

Nope. You miss the point. Wisest, IMHO, course is to walk away and
look for a property that doesn't beg for civil litigation......

That is my comfort level. YMMV.

--

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.idleplay.net/

Rec.boats at Lee Yeaton's Bayguide
http://www.thebayguide.com/rec.boats
-----------------
www.Newsgroup-Binaries.com - *Completion*Retention*Speed*
Access your favorite newsgroups from home or on the road
-----------------

Phantman:
I don't know about your state, but in mine it's as binding as any
other deed restriction. And deed restrictions are very much binding.

Gene Kearns wrote:
Even if you don't sign it?

Phantman:
Yep.
A deed restriction runs with the land. It's one of the reasons you get
a Title Opinion before buying property. To uncover these sorts of
things.

Gene Kearns:
Nope. You miss the point. Wisest, IMHO, course is to walk away and
look for a property that doesn't beg for civil litigation......
That is my comfort level. YMMV.

Nope. I get your point ("look for a property that doesn't beg for
civil litigation") and personally, I agree with that. But different
strokes for different folks. Many people are willing to give up
certain property rights in exchange for security or other perceived
advantages. My point was, make sure you know what you're buying before
you buy it, deed restrictions included, and hope your neighbors did
the same. That's the best way to avoid disappointments, surprises, and
litigation later, IMHO.

Rick