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I had a neighbor who had a no drainage clause...

Resolved • Response time 2 minutes

28 Jun 2013

I had a neighbor who had a no drainage clause onto my property in his deed since 1967 . that neighbor has passed and property resold ,and now the no drainage clause has been omitted from the ne deed ! How can a layer do this without my permission and what can I do about it? I have a copy of neighbors orginal deed from 1967 Thank you Mike Fisher Waterford, Ohio 45786 XXX XXX XXXX
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28 Jun 2013

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Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Thank you for using Pearl. Can you tell me what the clause specifically said?
28 Jun 2013
Customer reply
28 Jun 2013
subject to the condition that no sewage,septic tank effluent or waste will be drained to or into the hollow above the ponds situate on grantors property adjacent to the above described premises
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Did you grant this deed to him? Or was it an easement that you granted?
28 Jun 2013
Customer reply
28 Jun 2013
the deed was granted by my father before he passed and I inherited this property
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Other than this clause not being in the contract itself, has there been any indication by the new owners that they will take any action that would violate those terms?
28 Jun 2013
Customer reply
28 Jun 2013
yes there has been. both with building lots and pasture cattle ( which is a 125lb of wet waste per head per day) that will be washed into ponds with a heavy rain
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Thank you. Essentially this previous restrictive clause in the deed from your father to the previous landowner (assuming that the deed divided the property between them) would be a restrictive covenant that "runs with the land", rather than with the owner. That means that you can still enforce that covenant (the restriction that says that no waste will be drained...) against subsequent purchasers. The deed from the prior seller to the new one would not have to reflect that covenant, since it runs with the land, rather than with the individual. Now as for the attorney that drafted the deed or advised on any covenants, that would be between the new owner and the attorney (if the attorney committed malpractice, etc...). But you could still enforce that restrictive covenant against the new owner. That being said, you need to contact an attorney in your area that deals real estate / restrictive covenant cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next. While your rights are very likely preserved, they would still need to be asserted. And in that regard, you would need to inform the individual of his breach of these rights, as well as a demand that he cease and desist. An attorney could assist in that, as well as any injunctions that may need to be filed if the new owner refuses. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Did you have any other questions before you rate this answer?
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
Are you there? Please note that I am still here, awaiting your response. Should I continue to await your response, or may I assist the other customers that are waiting?
28 Jun 2013
Real Estate Lawyer's response
28 Jun 2013
ScottyMacESQ
ScottyMacESQ
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time ) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, and good luck to you!
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ScottyMacESQ
ScottyMacESQ
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Licensed General Practice Attorney, Texas
28 Jun 2013
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