I just purchased a property with the intent to develop a number of small cottages on it. During this process I did the following due diligence:
- Had the county pull every prior deed and look for any deed restrictions. They told me there were none.
- Acquired an approved development permit from the county for my exact multi-unit use. (they are supposed to check restrictions in this application process)
- Purchased a title policy at time of sale that states that there are no restrictions.
The first bit of site work started this week and I immediately began getting complaints from neighbors that my land should have restrictions and that what I'm doing is not allowed. I double checked all 3 points above at that point and brushed it off as whiny nimbys.
Last night I received an email from the guy who originally broke that land into smaller plots saying that he did, indeed, put restrictions on every one of them.
Is there something else I should have looked for? If there are no longer records of these deed restrictions, are they enforceable? My recourse seems to be to file a claim with my title company, but I don't want to do that until I'm sure there's a real problem.
What could have happened to these documents?
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source https://www.reddit.com/r/RealEstate/comments/fb5kg6/county_lost_the_deed_restrictions/
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