Knoxville, TN asked in Real Estate Law for Tennessee

Q: Can land marked reserved in plat map of neighborhhood, and mentioned in the covenants, be removed from neighborhhood?

The land marked "reserved" is on a recorded plat map and was filed in 1978. this land is specifically mentioned in the covenants filed by the developer. In 1996 it was recorded in a plat map for a different development that does not adjoin the first anywhere. it is the only piece of land included in this new development, that is across the street from any other home in said development. This property directly adjoins the back of two lots in the first neighborhood. Can the land be transferred out of the neighborhood and therefore be removed from its covenants?

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1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: You may be best off here in consulting with an attorney and allowing the attorney to review the relevant documents including the CCRs. If the land was originally within the scope of the original development then most likely it can only be removed if a provision in the CCRs or bylaws would allow that land removed. Good luck.

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