Driggs, ID asked in Real Estate Law for Idaho

Q: CC&R's illegally placed?... 160 ac 1/4 section under CC&R control. At time declared, Declarant did not own entire tract

CC&R Declarant had 'Pending' sale contract but defaulted to another buyer. No reference to original owner (grantor) knowing of CC&R's placed nor 2nd Buyer (dissolved 'Pending' sale agreement). If Title not 'conveyed' and no 'power of attorney'... can these CC&R's be legal?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Yes. The CC&R's are not dependent upon any, individual sales of the subdivision which is subject to the CC&R's.

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