Legal Question in Real Estate Law in Virginia

restrictive covenant on real estate

Will a restrictive covenant on real

estate land, which contain a home,

impede the county from condemnation of house & land.The county has offerred to purchase the land and home thereon but I have refused to sell since they will tear down the home. Is it too late to file a restrictive covenant and will a restrictive covenant stop the

teardwn.


Asked on 10/02/07, 3:43 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: restrictive covenant on real estate

No, the government can take land and use it for any public purpose, and is not bound by restrictive covenants or other private restrictions on use. If you have issues with whether this is for a sufficiently public purpose, or if you cannot agree on value, you should see a lawyer.

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Answered on 10/02/07, 3:57 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: restrictive covenant on real estate

Even if the restrictive covenant which

you've referenced had been put in place

100 years ago and had been running continuously with the land ever since, it would still not prevent the county from now asserting its right of eminent domain to condemn your house and property for supposedly the "greater public good," and to compensate you according to the local government's estimate of their worth (which may not necessarily be fair market value).

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Answered on 10/02/07, 4:25 pm


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