Legal Question in Real Estate Law in Montana

The rights of the Other Owner

We live full time in a Townhouse ,we own. The other owner lives in California and rents his half out. Rescently new renters moved in and put up a storage shed without asking any of the homeowners. We asked them to move it and also contacted the owners to ask it to be moved. Nothing has been done. We have a Declaration of Covenants which prohibits this from happening. How do I go about excersizing my rights to have this removed the legal way. The covenant also state that in the event any legal proceedings are commenced to enforce any provision of this agreement the prevailing party in such action shall be entitled to recover from the other party all reasonable attorney fees.


Asked on 7/01/01, 9:26 am

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: The rights of the Other Owner

If you have restrictive covenants preventing the building of a shed without approval, then you can sue in court to have the convenants enforced and to have the shed removed. Because you have the attorney's fees language in your covenants, your attorney's fees should be awarded to you by the Court.

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Answered on 7/02/01, 2:44 pm


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