Legal Question in Real Estate Law in District of Columbia
Land Covenants
Dear Sir or Madam;
I bought a piece of property that has a covenant allowing my immediate neighbor to tie his boat up to my pier. He, however, will not keep his boat there, instead, he ties it up at my slip on my pier.
Can I break the covenant? I have filed 3 trespass charges, one assault charge and he has now violated a peace order served him. (He violated the peace order one hour after being served by the Sheriff). Please help. Thank you
2 Answers from Attorneys
Re: Land Covenants
The answer to your question "can I break the covenant?" depends on the writing of your covenant. it could be limited in time and space more than you might realize... so step number one is to go back to the writing itself. Assuming that you did not give him cart blanche (in that covenant) you can seek an injunction from the court to make this stop and while you're there... sue your neighbour for damages. Again to better evaluate this one needs to look closely at the verbiage used in the covenant.
Good luck,
Tiziana Ventimiglia
Re: Land Covenants
Regarding the peace order, if he violated it you can swear out a warrant for his arrest, as well as for any other violation, such as criminal trespass. You could sue him as well, seeking injunctive relief (an order enjoining him from leaving his boat in your slip) and damages.
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