Submitted by Anonymous on Thu, 09/29/2011 - 11:04
Posted in
My subdivision has a set of restrictive convenants as part of all the deeds. They are the usual atmosphere type restrictions on things like house color, cloths lines, farm animals, etc. There's no HOA so if a neighbor is violating the covenants can any one of the neighbors successfully sue for injunctive relief (forced to stop violation) based on the convenants alone without the need to prove actual damages (don't need to prove tha, e.g. a chicken, actually causes damage). Is it likely that court costs and legal fees could also be recovered from the losing defendent in such cases?
Enforcing covenants with real property
Assuming that the covenants in question run with the land (meaning--through a rather complicated analysis that I forgot about a month after law school-- it is found that your neighbor's parcel continues to be burdened by the covenant and your parcel continues to be benefited by the covenant), then you can enforce the covenant against your neighbor. You do not need to be a member of a homeowners association to enforce a covenant. However, in Massachusetts, attorney's fees are generally not recoverable unless they are specifically allowed by statute or in the terms of a contract to be enforced. Sometimes, a sternly worded letter from a lawyer is sufficient to convince the owner of the burdened property to obey the covenant. Good luck.