Legal Question in Real Estate Law in Virginia

Minimum Building Setback Limits

I live in a subdivision which was mapped in the 1970's. On the map recorded at the county courthouse, it clearly designates a line throughout the entire neigborhood stating ''minimum building setback 60'''. Within the past month, a new home is being constructed less than 60' from the front boundaries. I noticed this and went to the town's planning director. He told me the homowner could do this because it wasn't stated in the covenant about any setbacks, but it is clearly written on the origonal map signed and recorded by the county. Would the map be a legal document clearly stating the setback is 60'? Thank you for any anwsers or direction you may give to me. I am in the process of speaking with a local attorneys office(Huntin & Williams), but a second opinion is always very valuble.

Thanks


Asked on 2/14/02, 8:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Minimum Building Setback Limits

I agree with the town's planning director. The homeowner purchased his property with the understanding that he would be given notice of any restrictions upon the property via the covenant and not through his review of the subdivision map recorded at the county courthouse

some 25 years before his purchase date.

Moreover, there would there be any reasonable expectation in this type of transaction that the buyer should be required to search the county courthouse records

(including a review of the recorded subdivision map)to determine whether the use of the property was restricted or burdened in any way not referenced in the covenant.

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Answered on 2/14/02, 9:41 pm


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