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If deed restrictions are on the original deed but do not show up on a later deed of a new owner can a Homeowners Association enforce the original deed restrictions in Arkansas?
Yes. It is the responsibility of the buyer to have a professional title examination performed to disclose deed restrictions that appear in the chain of title but do not appear in the present owner's deed. From articles I have seen it is a common problem in Arkansas that restrictions are not carefully carried forward in deeds. That error does not make them unenforceable. If the restrictions have not expired by a statute of limitations they are still in effect.
What can be done when a developer represents a list of deed restrictions and sells all the lots and then you find he neglected to file the deed restrictions with the county?
The developer may be out of luck if it failed to record the restrictions. On the other hand, if you were presented with an unrecorded copy, that may have put you on notice that the restrictions exist. If any of the deed restrictions were ordered by a local conservation commission you may still be subject to them even if the developer failed to record them.You should check with an attorney who specializes in real estate law in your area.
Can you build your own home in Texas?
Yes, subject to any deed restrictions, development restrictions, homeowners association rules, zoning, etc.
Does a deed restriction show up on the original deed?
Deed restrictions are recited in the deed by which the restriction was created but they are not always carried forward on subsequent deeds. Even if not recited, the land is subject to the restriction as long as the original restriction was recorded in the land records. The purpose of a comprehensive title examination is, in part, to disclose all the encumbrances, restrictions, liens, claims, etc., that affect the land.
Is it illegal to park an RV in a resedential area?
Not usually but some neighborhoods have deed restrictions against it,
Does a title insurance company check for deed restrictions?
If the Deed Restrictions are recorded in the Public Records of the County in which the property is located, then they should show in the search done by the Title Insurance Agent/Company/Attorney. The title insurance agent will show them on the commitment as exceptions, referencing the Book and Page in which they are recorded. It is always in a buyer's best interest, however, if no Deed Restrictions or Homeowner's Association appear to have been recorded, to have the Title company doing the closing prepare an affidavit for the seller to sign stating that there are no known deed restricitons or homeowner's association in which mandatory dues must be paid.
Can they change or add deed restrictions after you have purchased a home?
Changes can be made only if a former owner reserved the right to add restrictions in the past. That reservation would be found by performing a title examination.
How does an owner put restrictions on what can or cannot be done to his land in the future?
He can put a restriction in the deed when he sells the land. The deed is a legal document, and the buyer accepts the restriction when he agrees to the purchase. Laws can be passed invalidating restrictions. For example, if the land cannot be sold to a non-white person, the law can invalidate it as unlawful discrimination.
Can a property given in gift deed reclaimed by the grantor?
Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.Real property transferred by deed cannot be "reclaimed" unless there were conditions mentioned in the deed that would trigger a reverter if not met and those conditions were not met. If the property was simply transferred to a new owner with no restrictions the former owner no longer has any interest in the property not any control over it.
Is there any problem if ones wife is not working so her name cant be in the deed of the property?
There is no reason that working would affect the ability to have someone's name on the deed. The mortgage company or bank may want restrictions, but in most cases, the wife's name has to be on the deed, or the state laws will 'assume' that it is on the deed anyway. The wife typically has rights 'dower rights' to the property whether her name is on the deed or not.
Which type of law estabilishes restrictions or protective restrictions to a piece of property?
Generally, restrictions that affect a subdivision, parcel of land or building lot are created under common law and regulated by various state laws. The obligation to obey protective restrictions falls under equity. The purchaser has notice of the restrictions and by accepting the deed she accepts that her land will be encumbered by them. State laws have evolved that limit the duration of restrictions.
Can a wife execute a quitclaim deed without her husband's signature if her name is the only name on the deed?
This is fraud, the deed is not valid and the wife has committed a crime. The husband should notify the holder of the deed (in writing) that the signature on the deed is not his and that the deed is not valid. Signing another person's name when you do not have the legal capacity to do so is forgery.
