Q: Looking to buy 10 acres of undeveloped land. The seller has stipulations A-S one of them is I have to follow rules and
Pay fees of homeowners association if one is put in on a 43 acre lot that is part of the track. Is this legal, or something I would be held to?
A: If you're just at the stage of discussing it verbally, and the seller says that he will insist on putting that in the deed, then yes, if its written in the deed then it is something you would be held to. That would be called a covenant or restriction that would be said to "burden" the 10 acres. Typically, the language used would bind not only you, but all subsequent owners of the ten acres. That would be called a covenant or restriction running with the land. Theoretically that would last forever. The only way to remove it would be by agreement between the owner of the 10 acres and the owner(s) of the balance of the 47 acres. That might or might not detract from the value of the 10 acres, depending on what you want to do with the 10 acres and what is eventually done with the larger tract of which it is a part. It would be a very bad idea to buy the 10 acres with an open-ended requirement that it will be generally subject to whatever restrictions some as-yet unformed homeowners' association might place on the land in the future.
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