Florence, KY asked in Real Estate Law for Kentucky

Q: I have purchase a house last year was unaware of any deed restrictions or covenants nor was told by the seller oragent

I was going to build a garage on back of the property hire company got permits pour the 24'x40' concrete slab two day after that neighbor came over and told me that we have restrictive covenants so i stop the project.

I dont know what can i do at this point.

Can the covenants be removed since i was not told when?

Do i have to follow the restriction since not told?

Is there anything that can be done at this point?

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Initially you need to hire a competent KY attorney to search your Title. Carefully review any Restrictive Covenants, and determine what can be built without violating them. Remember it is up to others with a legitimate interest (and thus Standing) to sue you for an injunction. You might have a Breach of Warranty of Title, but this is doubtful as you probably did not do your due diligence.

Tim Akpinar agrees with this answer

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