Journal
RES 345 Legal Aspects of Real Estate
In the case of Cappello v. Ciresi, I think I agree with the court’s ruling. The Cappello’s bought the land under the provisions already set by the community. The subdivision in Fairfield known as Lakeview Acres, had restrictions that prohibits the lots to be used for anything other than single-family residence. Before the Cappello’s bought all the land that they acquired, they knew of the restrictive covenants.
The advice I would give to a potential buyer, who is thinking of buying property in a residential community that is subject to restrictive covenants is they are legally binding, and some have no expiration date. If you want to do more than the restrictive covenants allows it may be best to find somewhere that is less restrictive unless you have the time to fight for the right to try to remove the restrictive covenant. Also, potential buyers should be fully aware of all restrictions that are bonded to the deed. With some of these restrictive covenants, they can become unenforceable if there is a history of violations.
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