Legal Question in Real Estate Law in Wisconsin

Restrictive Covenant violation

A neighbor is choosing to ignore a restrictive covanent on our neighborhood by parking his 40' RV in the street next to and/or in front of his house. We do not have an active committee to enforce the rules. Is there a legal action I, or a group of us, can take to force him to honor the agreement?


Asked on 10/13/03, 12:16 pm

2 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Restrictive Covenant violation

If this is a zoning issue, you should talk to your local zoning administrator, or building inspector, to get enforcement. If it is a deed restriction and if you and your group are all subject to the restriction, as well as the violator, you have a derivative action to enforce yourselves, civilly.

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Answered on 10/14/03, 2:43 pm
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Restrictive Covenant violation

Greetings,

Yes there is. My guess is that the restrictions are in a deed or other document that is on file with the register of deeds in your county. Someone has to read that to learn what the rules are for certain. Then a legal action can be brought by a group of affected property owners. You should understand that such a lawsuit is most often beyond the scope of what non-lawyers want to tackle without help. You should contact a couple local lawyers and see what they suggest regarding your options and what they would cost. They also may be able to write a letter to the RV owner and that may cause him to change his actions. Best wishes, Mark J. Mahoney

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Answered on 10/13/03, 4:36 pm


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