Legal Question in Real Estate Law in Tennessee
residential properties
if covenants are recorded at the state and county level, yet not abided within the community, how can anyone enforce them?
Asked on 5/26/06, 10:01 am
1 Answer from Attorneys
Joseph T. Kirkland, Jr.
Kirkland, Rothman-Branning & Associates, PLLC
Re: residential properties
Covenants are private in nature and will not be enforced by the government.
They are enforced by one or more members of the covenant group (generally a subdivision)filing suit against the violator of the covenant. The covenants generally have an enforcement mechanism set forth in the covenants.
Answered on 5/26/06, 10:49 am