Hendersonville, NC asked in Land Use & Zoning for Tennessee

Q: Our development has restrictive covenants. Several homeowners are violating these covenants. What can we do? No HOA.

A variety of infractions from above ground pools, parking RVs and boats permanently in driveways, commercial vehicles at home every night and failure to keep unimproved lots mowed. We feel this is all impacting our own homes value. We bought expecting the rules to apply to everyone.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Real Estate Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You and other affected landowners can sue the offending landowners.

Normally you would sue for a Mandatory Injunction in Chancery Court.

But why? No damages are recoverable and you are talking about suing alot of your neighbors. Subdivisions are a bad place to buy to start with, but that is what you did. You can spend many thousands of dollars on attorneys, but I recommend against it. I am afraid that you did not check out the place prior to purchase. The blame rests with the developer and the County Commission which okayed the subdivision to start with. You probably need to read the Restrictions and Plat of record if you intend to pursue such a pointless suit.

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