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  1. #1
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    Mar 2015
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    Default Enforcement of Protective Covenants Established at Sale of Land

    My question involves real estate located in the State of: Ohio

    I own and built a home on land that was previously part of a larger tract. When split, the seller put several protective covenants on the land for 20 years. It states in the deed " the primary enforcement of these covenants are the purchasers of these parcels". If a neighbor fails to follow one of the covenants, who has the ultimate power to force them to follow it? Would civil court have to power to force a person to move a building that sits closer to a property line than the the covenant allows? Or are they just meant to be a deterent without any real teeth. Thanks.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Enforcement of Protective Covenants Established at Sale of Land

    The owners of the parcels that fall under the covenants can go to court and ask the court to enforce the covenants. We cannot speak to whether the covenants are enforceable or what corrective steps a court might order without more information. If you're planning to build on a lot in violation of the covenants, I suggest having a detailed discussion of your plan with a real estate lawyer before you proceed.

  3. #3
    Join Date
    Nov 2013
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    6,196

    Default Re: Enforcement of Protective Covenants Established at Sale of Land

    Quote Quoting 4daughters
    View Post
    My question involves real estate located in the State of: Ohio

    I own and built a home on land that was previously part of a larger tract. When split, the seller put several protective covenants on the land for 20 years. It states in the deed " the primary enforcement of these covenants are the purchasers of these parcels". If a neighbor fails to follow one of the covenants, who has the ultimate power to force them to follow it? Would civil court have to power to force a person to move a building that sits closer to a property line than the the covenant allows? Or are they just meant to be a deterent without any real teeth. Thanks.
    You should check your jurisdiction's zoning ordinance to see which is more restrictive on building setbacks. If the zoning is more restrictive, the covenants really don't matter.

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