Legal Question in Real Estate Law in California
When I bought my home over 20 years ago the realtor and the title company gave me a copy of old CC&Rs;that had previously expired. A neighbor now claims the CC&Rs;were extended (with no expiration date) shortly before they expired. He has produced a document to that effect which is stamped by the County Recorder. However the purported extension does not show up in a title search of my home or any others nearby. (In all the years I've lived here there's never been a Neighborhood Association or HOA.)
Can someone enforce CC&Rs;against me that are not attached to my parcel?
2 Answers from Attorneys
They're either recorded or they are not. Covenants and Restrictions of Record are not valid unless they are recorded. Either you or an attorney you contact is going to have to make the determination of whether or not the CC&R's are actually recorded.
I recommend you turn this issue over to your title insurance company. If CC&R's were not listed as an exclusion from your title insurance policy, which they most likely would not have been if they are not in the chain of title, then if they DO attach to your property it would most likely be a covered matter.
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