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deed restrictions
- Thread Starter cboswell
- Start date
adjusterjack
Super Moderator
As asked, the only answer to that question is yes.
Was that really what you wanted to ask?
How about telling us what is happening to you.
Do you own a property with trees?
Do you want to cut down the trees?
Do you have deed restrictions that prohibit cutting down the trees?
Do you have the document in front of you so that you can quote it word for word or upload it.
Is there somebody telling you stuff?
Threatening action if you cut down any?
Do you live in an HOA?
Details count.
army judge
Super Moderator
Yes, your state has some restrictive laws regarding the cutting/harvesting of trees.
I suggest you speak with one (or more) of your local elected officials.
You could also seek guidance and counsel of an attorney.
You could do some research to better understand the issue.
Here are a few examples:
If the value or use of certain land is negatively impacted by a restrictive covenant, there are options to have the covenant removed by legal process, which include: Obtaining a written release or modification of the covenant from the party or parties who are entitled to enforce it.
Restrictive covenant modification - King County
Community Associations Institute
Can a Restrictive Covenant Be Removed From a Property?
Deed Restrictions Archives - Deeds.com
You could speak with a real estate or administrative law attorney.
Many law schools offer legal clinics that MIGHT be able to offer you some assistance.
zddoodah
Well-Known Member
No.
I believe you are incorrect. A deed restriction can be placed on any land that a fee simple owner wants to place in the deed as long as it is not contrary to constitutional law or local law. For example: you can't place a deed restriction that says you can't sell the land to a particular ethnic group because it violates the constitution. You can't say that the land can only be used for a residence if it is zoned commercial.
But a seller can establish a conservation zone on the land by covenant or say that the 200 year old oak can not be cut down or that tree clearing is not permitted except for safety reasons.
In this area, land is often acquired for the primary purpose of logging it off then reselling it, or buying it with the idea of paying off the mortgage by selling the trees. I have a property that is recovering from being logged and I want to regrow to mature forest, not for harvest. I plan to keep the property until my death. After that I would like to restrict the activity on it in perpetuity. Can such a restriction be incorporated in a deed, with penalties if it is not adhered to? I have looked into conservation easements but can't find any organization that is interested in managing such an arrangement for this property. I'm not concerned with the resale value given such a restriction.
Thanks,
Thanks,
Zigner
Well-Known Member
You should speak to a local attorney because (if it's even possible,) this would not be a DIY project. Well, not if you want it done right...
army judge
Super Moderator
You will discover that the law dislikes or restricts perpetuities, regarding real property.
Definition: Rule Against Perpetuities in Washington State
The rule against perpetuities is a prohibition on creating an interest that will vest (that is, become an absolute present or future right in something, not contingent on any occurrence) in a beneficiary or beneficiaries whose identity cannot be determined within 21 years after the death of the grantor of that interest.
1 The main idea behind the rule is to prevent a person from controlling the ownership of property for an unreasonably long period of time after the person's death.
Rule Against Perpetuities | Washington Wills
PayrollHRGuy
Well-Known Member
Chapter 79.70 RCW: NATURAL AREA PRESERVES
The purpose of this chapter is to establish a state system of natural area preserves and a means whereby the preservation of these aquatic and land areas can be accomplished.
The purpose of this chapter is to establish a state system of natural area preserves and a means whereby the preservation of these aquatic and land areas can be accomplished.
zddoodah
Well-Known Member
This question has been asked and answered -- with different answers coming from different anonymous strangers.
You should confer with a local attorney, but whether or not you can accomplish this by a deed restriction, you could create a trust to hold title to the property that could accomplish the same result.
Yes it can. But who will enforce the restriction when you are gone?
You die and your estate sells the property. The grantee decides to log the property. Who do you think would take the grantee to court to enforce your penalties?
A restrictive covenant in a deed is viewed as a negative easement. As in all easement law, the easement that attaches to the land is binding on whoever owns the land. Thus the dominant estate always has an interest to protect the granted rights. Not so with a negative easement unless there are other properties that are affected by the covenant such as a planned community or a HOA.
People don't live in perpetuity and trusts don't exist in perpetuity if not administrated.
PayrollHRGuy
Well-Known Member
Let's break this down.
Army Judge posted a link that states you can't do this via a deed restriction.
I posted a link on how it can be done but you are pretty much going to have to A)find an organization that will administer it or B)get the state to accept it.
Army Judge posted a link that states you can't do this via a deed restriction.
I posted a link on how it can be done but you are pretty much going to have to A)find an organization that will administer it or B)get the state to accept it.
army judge
Super Moderator
My law school property professor spent two weeks lecturing us on the "Rule Against Perpetuities".
She seemed to be fascinated with the "Rule Against Perpetuities".
I was later to learn that she has authored at least (at the time) 100 legal articles about the "Rule Against Perpetuities".
adjusterjack
Super Moderator
Yet perpetuities do exist. There are corporations that have been around for hundreds of years, many of which I'm sure have the descendants of the founders in control.
army judge
Super Moderator
If no one challenges the restriction, it'll continue.
The problem judge is that you are misapplying the rule to deed restrictions when the rule only applies to the transfer and title of land. Not covenants or servitude placed on that land.
An easement that is appurtenant to the land is in perpetuity until a court may extinguish it. The rule does not apply to easements (negative or positive) or to restrictive covenants.
army judge
Super Moderator
I applied nothing against anything.
Perhaps the legislators disagree.
I'm not adjudicating, simply typing words into cyberspace.
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