[rescue] Re: The Cave

Lionel Peterson lionel4287 at verizon.net
Fri Apr 23 11:21:10 CDT 2004

> From: Joshua Boyd <jdboyd at jdboyd.net>
> Date: 2004/04/23 Fri PM 03:50:19 GMT
> To: The Rescue List <rescue at sunhelp.org>
> Subject: Re: [rescue] Re: The Cave

> How does one go about removing deed restrictions?

I don't "know," but I think they are typically defined as existing "in perpetuity."

No seller can grant a buyer a right they don't posess, and since the original seller imposed the restriction, unless they also provided for it's removal, it can't be removed (in my "IANAL" view of things).

I suppose that a buyer could "re-package" many smaller parcels into one massive parcel, erasing all the previous deeds, and creating a new one, but that sounds non-trivial. What makes some HOA so annoying is that in some cases they actually own the land the condo is on, you only buy the right to occupy one particular residence - purchase is contingent on agreeing to HOA terms & conditions.

Don Stoner had a famous battle over ham antenna at his Florida home, and this is a big problem in many areas. I don't think he won. Many hams will put oddly shaped "Flag Poles" in their yards, since they are frequently explicitly permitted...

My home, built in the late 60's has no such restrictions - and that is just fine by me...

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