Legal Question in Real Estate Law in Connecticut
protecting deed restrictions
Hello. I am one of several neighbors in a community on a public street with moderate homes on oversize lots in a half acre zone. One owner with a 1.3 acre lot wants to subdivide his lot and build another house. He seems to have all the legal and technical requirements in place for a legal subdivision from the P&Z but all the homes have a deed restriction that says ''one house per lot.''
As I understand this covenant, this is not a matter for the governing P&Z but for the surrounding homeowners to act on to protect the deed restriction. Am I correct in this assumption? Do we need an attorney or is this something we can do ourselves through the courts or the town? What do we need to do to protect the deed restriction?
Any advice is appreciated.
1 Answer from Attorneys
Re: protecting deed restrictions
Generally, planning and zoning do not deal with covenants. You are correct in stating that it is not a matter for the planning and zoning commission. In order to file a suit, you must have been injured by the alleged violation. This then gets into other issues that are too detailed to state here. If you need further help, you can email me at [email protected].
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