Friday, December 31, 2010

Question about deed to some land?

About 10 years ago my father-in-law gave his 2 sons some land so they could evendually put a house on. In the deed to the land he had stipulations such as no livestock, barns, etc. About 7 years ago we went to the bank, used the land as collateral to get a loan for a house and now we just have the one deed that makes the home and land one property. My question is what happens to the deed of the land he gave my husband? Is it now void since we borrowed against it and now we have a home on the property? Can we now have livestock and a barn or does he still have control of this?

You guys put the deed up for collaterial so therefore it is also the property of the banks or mortage company in which you guys are doing business the orginal deed is still in effect until the house is paid in full so that would be up to you and the bank or whatever if you put animals on it or not I know I would.

interesting question

more than likely his will is overruled, wills suprisingly dont hold much power with the law, they are overturned quite easily

but i would double check it before getting any livestock etc

if the deed is your name , you can do what you want, if its his name and hes alive, you cant, pretty simple, the only thing stopping livestock maybe your zoning in the area but thats it.

everyone has the right to keep food/animals ...

No. The restrictions that your father-in-law set forth in the deed remain in force and effect until they expire or until the restrictions are released by a proper party or until they are of no benefit to other land and are deemed legally unenforcable by a court having proper jurisdiction over the matter.

Obtaining a loan and securing your promise to pay the lender with a mortgage does not invalidate or otherwise modify these restrictions. If you wish to erect a barn and keep livestock and the restriction shave not expired because of a time limitation set forth in the deed, then you need to get a release of the restrictions from your father-in-law and perhaps from your brother-in-law if his land benefits from those restrictions.

Take the bull by the horns. Write down what you and your husband want to do and why, get some drawings of barns and an idea of what animals you would keep on the premises, and make your pitch to the in-laws. They can only say no, they might say yes, and they will be impressed that you were honest and straight forward, which means they might say yes down the road because of the favorable impression you made on them.

Good luck.

What state are you in? The deeds for rural property, usually do not have a description of any buildings ( houses) they have surveyors property description. Whatever is built on it changes through time.

Deeds no not "change" other than the name on the title ( deed).

So I cannot make sense of your question. There is ONLY one deed to any property at any given time. There are abstracts of property that have a history of title ( deed) and in old abstracts even the furniture is described ( those are fun to read) abstracts have detailed descriptions and easements , along with a property description, and any covenants. If your reative placed covenants that stated no barns or livestock, then they are still there. The thing is, who is going to enforce the covenants?

In condo or planned developments or city neighborhoods, the covenants (restrictions) are enforced by private cooperatives or the city. Here , you have you father in law as the enforcer, since he no longer has any power over the title , he could take you to court to enforce the covenants, but for what purpose? Does he live nearby? did he seel adjacent property to others na dassured them you would not have barns and livestock? if so, they could sue you to enforce the covenants. Everything in the abstract , unless changed by a court of law, is stll valid and must be followed. Only you know if there is likely to be consequences if you violate the covenant and build a barn and keep animals.

Livestock can pollute the aquifer and ruin your neighbors well water etc.

Barns could block air and the view of your neighbors. Livestock are noisy. If people around you bought land , depending on your covenants (restrictions) to protect them, if you violate , they can certainly sue you.

The bank has no say in whether you build or have animals UNLESS you try to borrow money to build a barn, their atty will want to read the abstract for restrictions, and if the atty sees the covenants ( restrictions) they will not lend, as you maybe ordered to tear down the barn and BANG, the money is wasted ( and due and payable)

For instance, if the titles ( deeds) state "no trailer houses", and the property sells to someone, the sale does not change anything restrictions ( covenants) in the deed ( conditions found in the abstract) The new buyer cannot put a tralier house on the property.

I assume the father-in-law is still alive. In this case, your ownership of the land is still dependent on the stipulations included in the original "gift". The situation is similar to a Restricted Deed. Should you go against the original stipulations, you could find yourself in court.

It would depend on the precise wording of the deeds. It did not have "stipulations" but it might have had conditions and it might have had consequences if those conditions arise, but I don't know exactly what it said. If you want to know, go to the recorders office, and get a copy of that deed and take it to a lawyer with your specific questions.

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