Q: In Tennessee... how long do restrictive covenants run?
The HOA that I am a member of has restrictive covenants, and no expiration date is listed on the document. The covenants appear to run with the land, as most of the subdivision is still just land, and not many homes are built yet. Are the covenants permanent, or does Tennessee code have something like a 30 year run, etc. ?
A: Generally speaking covenants running with the land are perpetual. The Master Deed may have some limitations or the HOA may fall into disarray. They may become unenforceable, but are not rescinded per se, as once they are out there, it is forever. You might try to transfer in violation of them and take a chance. I recommend hiring a competent attorney to perform a title search, and then ask his opinion.
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