tag:blogger.com,1999:blog-36096789.post5097525044258065385..comments2023-04-11T01:02:46.639-04:00Comments on Title Insurance Talk bsherry@tcsclosing.com: restrictions...for heavens sake, get a copy and read them!Becky Sherryhttp://www.blogger.com/profile/06708452533161661554noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-36096789.post-24030774713702357772009-03-26T11:11:00.000-04:002009-03-26T11:11:00.000-04:00Thanks, Anon. You encapsulated very nicely much of...Thanks, Anon. You encapsulated very nicely much of the conversation we had over the course of the week.Dhttps://www.blogger.com/profile/13347332449162866987noreply@blogger.comtag:blogger.com,1999:blog-36096789.post-42540902061038719162009-03-26T11:08:00.000-04:002009-03-26T11:08:00.000-04:00I hate to seem like a naysayer, but I see some rea...I hate to seem like a naysayer, but I see some real complications for these folks. First, and as she demonstrates by saying that she found the restictions "in one day" at the property records office, she and all other lot owners had "constructive notice" of these restrictions. She also has an owner's policy; I'm sure that policy takes exception for those restrictive covenants and therefore give her notice that they exist. She mentions others in the subdivision who probably did know about the violation, and did nothing. She's been dealing with this for almost ten years, while the neighbor has continued to farm (which ain't a cheap thing to do, I promise you!) That's called laches. That may mean that no Court would now enforce them, if they've been ignored and others (like the nasty neighbors) have continued with their activities for as long as it appears. Finally, I doubt that her owner's policy provides any kind of affirmative coverage for the enforcement of restrictions being violated by someone else. She has good title; end of story, at least as far as the underwriter will be concerned.<BR/>Sorry to sound lke such a lawyer on this, and I do feel for this owner's situation and agree that more could have been done to alert her to these protections. Still, in my opinion this is going to be a tough case, and it's somewhat her fault<BR/><BR/>My word verification is "deities." I swear to them.Anonymousnoreply@blogger.com