Legal Question in Real Estate Law in Illinois
After purchasing a home( 2015) i discovered that the original builders established restrictions and protective conevavts running with the land. The covenants were not discovered during title search and i'm told are not on the deed. Some articals i read stated that in order for conenants to run with the land they MUST be included in a deed transfering the property. Other articals suggest the original covenants between the builder and first purchaser of the lot expires once the lot was purchased. Still other articals suggest they RUN with the land regardless. The area i bought into has many violations of the so called covenants. I'm looking to place a pole barn on my property but I'm being told i'm in violation of the covenants and threatened with legal action. There's no committe or H.O.A. involved just an owner who objects to my pole barn. One attorney felt the covenants had possibly expired since no committee or HOA was ever established to enforce the covenants over the last 20 years Can anyone tell me if the covenants are still enforceable?? Is this guy just using the covenants as a scare tatic and has NO legal grounds
1 Answer from Attorneys
If you got a title insurance policy there should be reference to any recorded covenants, conditions and restrictions of record. Those need NOT be on the deed but are considered title exceptions on warranty deeds and typically run with the land. If an HOA was not part of the arrangement then typically these covenants run so that any affected landowner can enforce them in court, or it an HOA was intended could be set up and activated even if it never previously was. You will need to have an attorney review the deed you got and your title insurance policy to begin to make any assessment of your situation.
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