Okay, this is the last home thread I'll make...

I'm looking at a house in an older (mid 50's) subdivision that apparently has covenants. There's no HOA, however, I can't imagine what these covenants are outside of "common sense" and Raleigh Regulations. I don't know who to talk to or where I go about trying to find out information regarding such covenants. wakegov.com has nada, the realtors are unable to provide specifics, and City-Data.com just gave me all kinds of demographic statistics.

I'm thinking I'm going to have to call someone in downtown Raleigh. Shouldn't be THAT big of a deal I guess, considering most people are elderly and it's a quiet neighborhood and keep to themselves...

1/19/2010 4:31:53 AM

If the subdivision is that old, I wonder if anyone living there remembers what the covenants are

Seriously though, my parents live in an old neighborhood that had covenants but no one seems to know or care what they are from what I can tell. Maybe this neighborhood is the same. I don't understand why the realtor wouldn't have a copy of the covenants though.

1/19/2010 4:38:22 AM

Well, it was part of the disclosure, which caught my eye.

It was more or less like this:
Are you (sellers, who are probably in their 70's) aware of any covenants in regards to the subdivision?- YES

I asked what those were, especially since there isn't an established HOA. Realtors replied that you don't need an HOA to have covenants (makes sense I guess). But then I asked for a list and like you said, no one remembers or knows where to find out. The subdivision is so old that it's not listed anymore in any North Carolina, Wake County, or Raleigh listings.

Realtors not having the covenants baffle me too. For example, if I purchase this house, I'll have to lay down my own concrete driveway and I want to be able to do it without someone saying "You can't do it like this." I know about the Raleigh regulations, but that's m00t.

Oh well, I guess it'll be a trial and error, and if I hit an error, I guess it's just a waiting game to see who crokes first? Nothing I plan on doing is ridiculous, minus the future plan for a 3-4 car garage in the back yard... But you won't see that from the street anyways...



[Edited on January 19, 2010 at 4:47 AM. Reason : ..]

[Edited on January 19, 2010 at 4:47 AM. Reason : .]

1/19/2010 4:45:14 AM

Read everything very carefully and find out (1) who enforces the covenants and (2) what the penalties are for non-compliance.

1/19/2010 5:33:09 AM

I think it may show up on the deed or title to the property. Are you not using a real estate agent (Buyer's agent)? I would think a good agent should be able to find this out for you, certainly a real estate attorney could also.

1/19/2010 9:18:59 AM

Quote :

"Oh well, I guess it'll be a trial and error, and if I hit an error, I guess it's just a waiting game to see who crokes first?"

Famous last words...

And covenants should be on or attached to the deed.

[Edited on January 19, 2010 at 9:23 AM. Reason : .]

1/19/2010 9:22:15 AM

Register of Deeds office

http://rodweb01.co.wake.nc.us/books/genext/genextsearch.asp

it'll be there

^it can also be a separately filed document

[Edited on January 19, 2010 at 9:23 AM. Reason : ]

1/19/2010 9:22:39 AM

Mine were like ^

1/19/2010 10:23:19 AM

Quote :

"Are you not using a real estate agent (Buyer's agent)? I would think a good agent should be able to find this out for you, certainly a real estate attorney could also."

yes, however, the only reason why the disclosure was "yes" is because all the previous properties sold in the area (in the past) have said yes. No one seems to remember what those covenants are, and no one certainly enforces it if there were covenants. I know a few families in the subdivision and they all have told me they weren't aware of any covenants, and with no HOA to enforce it, I'm not worried.

1/19/2010 10:57:06 AM