Legal Question in Real Estate Law in California

Real Estate

There is a condition on my property (gas station) that was placed in 1898 about 109 years ago, I want to know to take it out .. It saids that There could be no sale of spiritious liqiours if sale of such the property can revert back to the old owners back in 1898. but i have had a beer and wine licence since 1971 at that location.


Asked on 2/09/07, 4:38 pm

1 Answer from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Real Estate

This is commonly known as a restrictive covenant. It may be in the form of a recorded covenant or an easement or a condition in a deed. The effect of each can be different. I would need to know more facts, but I suspect that you could go to court and sue to obtain a declaration that the restriction is no longer valid. There are many legal and technical issues surrounding this area of the law. Find yourself a qualified attorney who has experience in such things.

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Answered on 2/10/07, 11:48 pm


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