My question involves real estate located in the State of: New York
Curious as to how enforcement of protective covenants work and what results can be expected.
A developer purchased a large tract of land in a rural area (previously farmland). They subdivided into several smaller lots and sold them to individuals. Each lot was conveyed with the same set of covenants, which are enforceable by the landowners or developer. There is no HOA or anything like that.
The covenants were basically designed to encourage development of residential properties. Among the covenants are 1. a prohibition on single/double-wide mobile homes and 2. a limit of 60 days per calendar year for campers kept on the property.
One property owner keeps a camper (or possible single-wide. hard to tell from the street) on the property full time. Another keeps a camper for about six to eight straight months out of the year. This has been going on for the past few years.
The developer was contacted about two years back about this. They looked into the situation and claimed to have written to the landowners in question. Same thing last year. They say the 99% of the time, their letter resolves the issue. This must be the other 1%, as owners seem to be openly ignoring the covenants. The developer does not seem interested in pursuing the situation further and has effectively pushed things back to me. They remind me that I can write my own letters and take this further if I want to.
I am hesitant about getting directly involved. I am not at my property full-time and have made several (expensive) improvements. Easy for a disgruntled neighbor to enact some costly retribution.
At the same time, the neighboring property is slowly turning into a junkyard. I'm not one for deed restrictions, but I did carefully read them before purchasing the property. Worse, as I understand it the lack of enforcement can eventually invalidate the covenant. This would open the door for worse transgressions by the current violators as well as other property owners.
What are my options? Since these people have ignored the developers letter regarding compliance, it seems unlikely the "talk to them nicely" approach would work. Must I initiate a costly legal action to enforce the covenants? I have "standing" but how can I show "damages." Not looking for money - just want the eyesores gone and for others to live by the same rules I have to live by. If I "win" an action, am I entitled to reimbursement of legal fees? And how exactly would I enforce a ruling to abide by the "60 day" rule?
Curious as to how enforcement of protective covenants work and what results can be expected.
A developer purchased a large tract of land in a rural area (previously farmland). They subdivided into several smaller lots and sold them to individuals. Each lot was conveyed with the same set of covenants, which are enforceable by the landowners or developer. There is no HOA or anything like that.
The covenants were basically designed to encourage development of residential properties. Among the covenants are 1. a prohibition on single/double-wide mobile homes and 2. a limit of 60 days per calendar year for campers kept on the property.
One property owner keeps a camper (or possible single-wide. hard to tell from the street) on the property full time. Another keeps a camper for about six to eight straight months out of the year. This has been going on for the past few years.
The developer was contacted about two years back about this. They looked into the situation and claimed to have written to the landowners in question. Same thing last year. They say the 99% of the time, their letter resolves the issue. This must be the other 1%, as owners seem to be openly ignoring the covenants. The developer does not seem interested in pursuing the situation further and has effectively pushed things back to me. They remind me that I can write my own letters and take this further if I want to.
I am hesitant about getting directly involved. I am not at my property full-time and have made several (expensive) improvements. Easy for a disgruntled neighbor to enact some costly retribution.
At the same time, the neighboring property is slowly turning into a junkyard. I'm not one for deed restrictions, but I did carefully read them before purchasing the property. Worse, as I understand it the lack of enforcement can eventually invalidate the covenant. This would open the door for worse transgressions by the current violators as well as other property owners.
What are my options? Since these people have ignored the developers letter regarding compliance, it seems unlikely the "talk to them nicely" approach would work. Must I initiate a costly legal action to enforce the covenants? I have "standing" but how can I show "damages." Not looking for money - just want the eyesores gone and for others to live by the same rules I have to live by. If I "win" an action, am I entitled to reimbursement of legal fees? And how exactly would I enforce a ruling to abide by the "60 day" rule?
Servitudes and Covenants: How are Protective Covenants Enforced
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