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northeastern Ohio | Believe it or not, anyone can file an injunction with a local court to enforce the deed restriction. The deed is public record. If a neighbor sees that the current owner of the property is not honoring the deed restriction, he/she can file suit.
Example: Neighbor sees that multiple houses are being built on the property described in the deed that olivetroad posted. Neighbor finds the deed online and reads that only ONE residence is permitted on that parcel. Neighbor files an injunction to stop the houses from being built on the grounds that it violates the deed restriction. The neighbor could receive damages ($$$) if the houses are allowed to be built OR the judge could order that the houses be tore down. If the injunction is filed before the houses are built, then the judge could simply order that they not be built.
Some builders or general contractors may look at the deed before a project is started, especially if these types of deed restrictions are common in their area. I have seen deed restrictions in "better" neighborhoods that dictated what type of house was permitted to be built (no trailers, doublewides, basement houses, ect) on the parcel that was sold. And yes, this was out in the country, not in town. I have seen this on farms that subdivided and the owner stayed on one parcel and didn't want "junky" houses next door. | |
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How would they enforce this deed restriction?
