Legal Question in Real Estate Law in Wisconsin
Who is responsible for enforcing deed restrictions for violations?
1 Answer from Attorneys
Nobody is "responsible" for enforcing deed restrictions, in terms of government agencies, although the owners and neighbors (or their homeowners' associations) are the parties in interest who would have the legal ability to enforce them through the courts if they wanted to. Potential buyers who are represented by attorneys also have the option to obtain copies of any restrictions before closing, in order to decide if they still with to buy the property despite the restrictions. Most restrictions, however, are essentially ignored if nobody involved with the property cares enough to enforce them. If you are facing an issue involving property restrictions, you should consult with an experienced real estate attorney, after providing all of the specifics, who would be able to assist you far better than I can based upon so little information.
Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.