Do protective covenants hold up if there is no association in the sub-division?
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Do protective covenants hold up if there is no association in the sub-division?
Even if they are on my warranty deed?
Asked on August 6, 2012 under Real Estate Law, New Hampshire
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Potective covenants are valid and enforceable under a warranty deed. The problem is that if there is no HOA to enforce such then it would be up to an individual homeowner to do so. If a violation goes on long enough the violation is deemed waived and allowed despite the protective covenant.
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