My questions involve real estate located in the State of New Jersey: There is only one deed out of 19 properties in a 1950s subdivision without the language of a restrictive covenant
that limits the height of homes to two stories. Township zoning defines 2.5 stories as 35 feet so the homes should be no taller than approximately 28 feet. The recent purchaser of the one property without the covenant language has applied for a permit to demolish the existing two-story conforming home to build a new one at 34 feet. Two other homes out of 19 were re-built ten years ago in violation of the covenant language that does appear in their deeds. First question: We had no prior knowledge of the plans for those two homes and don't know what the statute of limitations for filing claims about the violations might be. Do you? Second question: Since the covenant language doesn't appear in the one deed, is that owner held to the covenant anyway because the original estate owner (the subdivision owner) had a neighborhood scheme for his development and equitable servitude should apply? Third question: If we file a complaint pro se, that one deed's owner will have his title company handle the case. If we do not prevail, will we have to pay his title company's legal fees? Thank you!
that limits the height of homes to two stories. Township zoning defines 2.5 stories as 35 feet so the homes should be no taller than approximately 28 feet. The recent purchaser of the one property without the covenant language has applied for a permit to demolish the existing two-story conforming home to build a new one at 34 feet. Two other homes out of 19 were re-built ten years ago in violation of the covenant language that does appear in their deeds. First question: We had no prior knowledge of the plans for those two homes and don't know what the statute of limitations for filing claims about the violations might be. Do you? Second question: Since the covenant language doesn't appear in the one deed, is that owner held to the covenant anyway because the original estate owner (the subdivision owner) had a neighborhood scheme for his development and equitable servitude should apply? Third question: If we file a complaint pro se, that one deed's owner will have his title company handle the case. If we do not prevail, will we have to pay his title company's legal fees? Thank you!
Servitudes and Covenants: New Jersey 1950s Subdiviision Restrictive Covenant Not in One Out of 19 Deeds
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