- Jurisdiction
- Missouri
In relation to a 20 acre single parcel of property in an unzoned County (i.e. no building / property restrictions). **I'm not the buyer, my kin is, this is more a thought exercise for me** In 2003 the Owner of the property apparently intended to develop the parcel into single lots, with that, he placed restrictive covenants on the original parcel, no subdividing occurred. The covenants referenced a subdivision name (lets call it Treed Hill Acres), and a property Owner's association for Treed Hill acres, or any assigns or heirs thereto, expiring 20 years after filing date (actually 2004). The issue is, the land was never subdivided, Treed Hill Acres the entity was never created, no preliminary plat ever filed and the legal desc. of Treed Hill Acres is the subject property. I surmise guy started looking at development costs and ultimately took no further action after filing these deed restrictions; including never building for himself.
At some point he sold the property, (intermediate ownership not researched) which then sold into a co-Owner situation who are the current sellers (will be a clean transaction as far as that goes). So the responsibility of enforcement of restrictions goes to the Property Owner's Association (Treed Hill Acres) of a single parcel. As "we" are the current owner, can we file to have those documents "de-recorded?), as they continue by this recorded document until next year, would we need to file amended restrictions as the POA removing all previous restrictions?
My kin is just building a nice vacation cabin on the site. The County literally doesn't care what gets built (it's bizarre but true, State regulates wastewater disposal systems). And frankly, its not likely to even start until these restrictions self-expire. Like I said at the beginning, this is more a thought exercise with me, though we can certainly hire a lawyer to file if recommended. I've just never come across a situation like this and am curious about legal remediation.
At some point he sold the property, (intermediate ownership not researched) which then sold into a co-Owner situation who are the current sellers (will be a clean transaction as far as that goes). So the responsibility of enforcement of restrictions goes to the Property Owner's Association (Treed Hill Acres) of a single parcel. As "we" are the current owner, can we file to have those documents "de-recorded?), as they continue by this recorded document until next year, would we need to file amended restrictions as the POA removing all previous restrictions?
My kin is just building a nice vacation cabin on the site. The County literally doesn't care what gets built (it's bizarre but true, State regulates wastewater disposal systems). And frankly, its not likely to even start until these restrictions self-expire. Like I said at the beginning, this is more a thought exercise with me, though we can certainly hire a lawyer to file if recommended. I've just never come across a situation like this and am curious about legal remediation.