jimlux wrote:
> A bit of forewarned is fore-armed. They have to ("have to" as in
> legally required, in most places) show you the restrictions and
> covenants early enough that you can make the decision about whether you
> want to make the offer (or you offer contingent on review of the docs).
I don't know who "they" is. AFAIK, the seller isn't required to do
a title search and you're depending on the title company to do that,
but they may be incompetent. One one transaction, my title company
had the wrong legal description for the lot. On another, my title
company missed that fact that the seller did not have legal title to
the property. The reason why the seller did not have good title is
that he used that same title company to transfer the title into his
trust, and they transferred it into someone else's trust. Another
property's legal description refers to an unobtainable map filed in
1881, although they can tell you all the previous owners back to the
king of Spain :-) We may or may not own the mineral rights to it. No
one, the seller, title company or county recorder could nail these
things down. The good news is that it either has no CC&R's, or if it
ever did, no one can produce them. On other properties, CC&R's may be
covered by reference to another subdivision, with a 1 sentence
pointer. OTOH, if a property has CC&R's, there may be no effective
enforcement, and you may be OK anyway. Many towers are up in CC&R
neighborhoods with no problem. No simple answer, except ask the
locals.
Rick N6RK
(I'm not a lawyer :-)
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