"Stephen M.H. Lawrence" wrote:

I work as a Title Examiner, so this is right
up my alley. Many, many homeowners take
ownership of a property in "fee simple,
subject to reservations, easements, and
covenants of record, if any," and don't inform
themselves about what those reservations
(read: Restrictive Covenants) really are.
They're just words on a piece of paper, and
these contracturally obligating encumbrances
are effectuated by conveyance, in other words,
they have the power of the law, even though
they don't appear on the deed.

In other words, you have two pieces of paper:
The deed, which makes a glancing reference
to restrictions "if any," and the actual restrictions,
which are filed with the County Recorder or
Registrar of Titles. More people than you can
imagine are getting hoodwinked, Dennis. (snip)


You've got that right. A friend was even show a list of restrictions when
he purchased a house, only to be handed another list as he was moving in
(from the Homeowners Association). Most of the restrictions were the same,
but several more had been added. When he talked to his lawyer, he was told
the wording of the sale made those restrictions enforceable.


Dwight Stewart (W5NET)

http://www.qsl.net/w5net/