Legal Question in Real Estate Law in California

CCR enforcement

Can CCRs suddenly be enforced after being neglected or unenforced for more than ten years?


Asked on 3/09/00, 12:00 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: CCR enforcement

It depends. CCRs are recorded restrictions which "run with the property" meaning that they last as long as the property covered by the restrictions remains in its present condition. If a buyer bought all of the property covered by the restrictions that buyer might be able to get them removed - they are mutual restrictions and can be enforced by any other property owner under the CCRs.

However if all of the property owners have intentionally ignored the restrictions for 10 or more years, and if no enforcement was performed for the 10 years you might have a chance. Maybe. Some indepth legal research is required and then you still have to take a chance with the judge.

It is unlikely that ALL property owners have INTENTIONALL ignored the CCRs; it is also unlikely that ALL present owners do not want the CCRs enforced. You will have an uphill battle.

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Answered on 3/22/00, 10:01 am


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