Were Deed Restrictions Omitted from a Deed

[Homeowner2]

My question involves real estate located in the State of: Ohio.
My property was part of a tract of land sold to trustees in the mid-70's. The land had been left in a will to 6 children who sold it to the trustees. Over the next several years the trustees subdivided the property which is now in 8 parcels. My deed as well as 6 of the other deeds contain restrictions with the following wording:

As a part of the consideration for the conveyance and in consideration of the incorporation of like covenants in any and all conveyances of other tracts sold by the Grantors from the property conveyed to them by deed recorded in Volume 137, page 197 (this is the original deed leaving the property to the children) of the Hocking County Deed Records, the Grantee herein for himself, his heirs, executors, administrators and assigns, hereby covenants and agrees with, and for the benefit of the Grantors, their successors and assigns, to hold said premises hereby conveyed upon the following terms.

The premises herein conveyed shall not be used for any other purpose than that of a dwelling place for a single family and for purposes necessarily incidental thereto.

No mobile homes, parts thereof, or trailers shall be erected or maintained on said premises.

The premises herein conveyed shall not be subdivided for a period of ten years from the date of this instrument and if subdivided, Grantee agrees to pay to Grantors a penalty of 50% of the original selling price. The penalty shall also be paid if more than one dwelling place shall be erected on the tract herein conveyed.


These deed restrictions are not contained in 1 of the 8 deeds. This owner owns 2 parcels and his other parcel contains the restrictions.

Would this be considered to be a deed restriction that was accidently ommitted since the wording references all of the properties contained in the original deed. These owners have installed a trailor right next to my property line which has drastically lowered the value of my property.

I have a meeting with an attorney next Monday but was wondering if anyone knows of any case law pertaining to my issue.

Thanks

[jk]

(this is the original deed leaving the property to the children)

to the children or the trust? From your statement, there was no one deed leaving the property to the children but 8 separate deeds.

I would also look for any notification within his deed that states anything such as:

subject to all restrictions, rights, encumbrances, and liens of public record
.

[Homeowner2]

There was 1 deed leaving the property to the children and 1 deed transferring the property from the children to the trustees. Then, the trustees sold the property in 8 separate parcels. The deed is presently with my attorney but there is a clause that the property is subject to all easements, etc. Not sure of the exact language but I will get a copy of the deed.

[LandSurveyor]

When the original parcel was split into eight parcels, a subdivision plat should have been filed. If your deed description simply describes your parcel as a lot number in xx subdivision, then you should visit the recorder's office and look up the subdivision plat. It may contain the same restriction and/or others. If the recorder does not have the plat, or of it is illegible, the county engineer is supposed to have a usable copy on file.

If it states restrictions, etc. and the restrictions apply to all lots, then you have your answer.

[Homeowner2]

I checked this info and since all of the parcels sold were over 5 acres the subdivision regulations do not apply.

I did notice that most of the surveyors had written that the sale of the property is pending approval from the Planning Commision. Now I need to research why and what do they look at.

[Homeowner2]

FYI Follow up:

My attorney said that the "trustees" could be sued for ommitting the restrictions from the neighbor's deed but they are now dead and the statues of limitations are over. Therefore, the neighbors can do anything that they want with their property.