Legal Question in Real Estate Law in Pennsylvania
Do original subdivision covenants and restrictions that were a part of the chain of title search supersede any updated ordinances with respect to setbacks.
1 Answer from Attorneys
Maybe - you would have to read the covenants and read the ordinance to see if there was any exception or variance in the ordinance for pre-existing properties. Usually there is a "grandfather clause" for prior properties or else the requirements would only apply to new construction going forward. If you are cited for violating the ordinance and there is no grandfather clause, then it may be possible to request a variance if the property complied with the requirements at the time it was built. See a real estate litigation lawyer who specializes in zoning/setback/municipal ordinances type of cases.