Q: Looking to buy land and raise a few animals. Old covenants forbid it but are no longer enforced!
We are looking to buy 3.25 acres of land in la plata county Colorado. The covenants forbid chickens and cows but are from the 1970s and no longer enforced. We want to raise a few animals for personal use. Is there a way to protect ourselves moving forward? If someone decides to now enforce these covenants after we move in are we just SOL?
A: You will have to appeal to your local zoning board to get the property rezoned. I would recommend consulting with a real estate attorney
A: You do NOT need to apply for rezoning. Covenants have nothing to do with zoning. When you say the covenant against chickens is not enforced, are there other homes in the community with chickens? You can either take a chance and deal with it if you are sued for violation of the covenant, or can search the titles of the homes with chickens (or ask the HOA) to see if the covenant was waived. There is no SOL to enforce covenants, they run with the land, and are can be enforced if the HOA or any resident wants to sue in county court to enforce them.
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