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  1. #1
    Join Date
    Jul 2014
    Posts
    1

    Default Are Private Land Use Covenants Enforceable

    My question involves real estate located in the Commonwealth of Virginia.

    I was curious if the private land use covenants were enforceable in my particular situation, presented below.

    I'm a small time residential real estate developer. I'm close (or WAS close) to purchasing a property in an historic district in a town in the Commonwealth of Virginia. The zoning ordinaces allow for 4 residential lots on this property by-right with an approved land subdivision, which has been confirmed by the town. The seller is an historical society that owns the adjacent properties. The seller--the historical society--has indicated that if/when it sells the property it will require the purchaser to sign a deed with land use covenants that state that if the property is subdivided for residential uses that the density be reduced from 4 residential lots to 3 residential lots (its reasoning is that it wants more "buffer" space between the Subject property and its historical house). The project is unprofitable at 3 lots but very profitable at 4 lots.

    I was curious if such land use covenants were 1) allowable and 2) enforceable, and if enforceable then 3) who has standing to enforce the land use covenant?

    Thanks for any insight.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,751

    Default Re: Are Private Land Use Covenants Enforceable

    Allowable?

    Yes.

    Enforceable?

    Yes. You sign it, it's enforceable.

    By whom?

    At least by the seller. Perhaps by neighbors who have access to the deed records.

    If the project is unprofitable with those conditions then walk away from the deal.

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