Deed restrictions, etc

[dan8480]

So here is the story. I bought a piece of property, it was a 55+ acre property, subdivided into 5 separate lots, with deed restrictions for all of them to be used for residential buildings only. A year Before I bought my property, there was a church that had bought the lot next to me and behind me. They did some site prep work in the lot behind me to begin the process of building a building. So now they send me a document asking me to sign off on them changing the deed restrictions to allow a commercial building to be built. They plan to use the very back of the lot next to me to install their septic field and a playground. I don't really want them to build the church there. So if I dont sign the papers allowing them to change the deed restrictions, does that mean that they cannot build the place? If I don't sign it, can they just goto court or something and get the deed restrictions changed and build it anyways? I just want to know what can happen if I don't sign off on it. I'd also like to know if I do sign it, can I put my own conditions on the use of the property next to me, or get them to sell me the rest of the property next to mine to prevent them from expanding/using more of the property next to mine? My real estate agent seems to think I have them over the barrel, and I can ask them for whatever I want, and the ball is in my court. What do I do?

 

[lx1x]

go to your local zoning office. if they can build a commercial on resident zone as you said.

 

[lx1x]

don't sign anything without a lawyer

 

[Parttime]

First thing I would do is consult with a lawyer as to your legal options.

There is no doubt the church can go to the court and try and break the restrictions on the deed. Whether they will succeed is anybody's guess.

 

[j_h_smith]

The way I understand this covenant is it is permanent and enforceable. I can't see how the local government would approve a building permit for this type of building with that restriction on the deed. However, I do think they can petition the county for relief (usually a sign must be posted on the property) and the zoning board can vote to remove the restriction. But I do kinda remember somewhere, the property owners next to said property MUST sign off on the change.

I agree with your RE agent. Have you talked to any of the other property owners?

Good Luck!
Jim Smith

 

[dan8480]

I have talked to the people who sold the land, and they signed off on it in order to sell it to them, and that was all they needed to proceed because I hadn't bought the other lot yet. So now that I'm in the picture, I have to sign off on it as well. I heard they were trying to build it before someone else bought the empty lot, but I foiled that plan...

 

[bg71361]

Have the church sign off on your remaining lots so they can be commercial too!

 

[ericoak]

Kind of weird sub forum to post this in.

 

[trickg]

I have talked to the people who sold the land, and they signed off on it in order to sell it to them, and that was all they needed to proceed because I hadn't bought the other lot yet. So now that I'm in the picture, I have to sign off on it as well. I heard they were trying to build it before someone else bought the empty lot, but I foiled that plan...

I know a church here in AA county that went through a similar situation - the church bought the property, and an adjacent land owner basically had to be paid off in large sums of money before they'd allow for a freaking light pole to be placed near their property. It pushed construction of the church back several years causing the church to lose an unreal amount of money due to having to pay additional year's worth of rent on the facilities they were using - a commercial office space, and a nearby school building. This was aside from having to pay the adjacent property owner large sums of money.

Don't be that guy. Legally you probably can be that guy, but it's not really the right thing to do, and if pushed to a legal/court situation, you'd probably lose in the end since the church bought their property in good faith that they'd be allowed to build due to the previous owner signing off on the deed restrictions.

The church is likely to have better financial resources to fight the legal battle if you decide not to sign. If it's really that important to you, fight it - you'll likely lose in the end, both parties will be out a lot of money, and it will hamper a church's efforts to get up and running in a new location. We're talking about a church, not some kind of other business.

Again, do you really want to be that guy?

 

[dan8480]

It is slated to be a 125 max person building. I haven't talked to the pastor yet, but the agent did give me his contact info. I dont want to be that guy, but I dont think that the middle of farmland is a very good place for a church either. It is zoned rural agriculture/residential for a reason.

 

[trickg]

Consider that this whole nation was "zoned" agriculture/residential at one point in time.

Again, it sounds very similar to the piece of property the church I know of bought - it's a piece of property where the woods had to be cleared out, and there really wasn't much else there. They bought the property because it was what they could afford, and they felt that the location, right off of a fairly main thoroughfare in a nearby community, was a good place.

There are a lot of startup churches with similar situations. Bay Area Community Church did a similar thing near Annapolis, near 450 and Crownsville Rd - there wasn't much there at all prior to them building the church there - mostly residences.

 

[Shazam]

I have lived behind a church and lived across the street from a school. I would never do this again, especially living near a school. The traffic, after hours parking/partying, petty theft, and littering were significant.

 

[rtse4me]

I live next to a church and it has its advantages and disadvantages. They have daycare and events at night which causes increased traffic and noise.
They have been pretty good neighbors though.
I know another church was trying to build a couple miles down the road and I think the residents blocked it last year. Is this in Howard County?

You could make them buy you out and move to VA.

 

[JohnnyE]

Be cautious. There was a situation I vaguely recall where a parish got a change to build a new church building on a parcel. Sometime after the change from residential to commercial was approved, they sold it off, and a 7-Eleven was proposed for the parcel. Oops! I moved away before that was resolved, but be sure you aren't sold a bill of goods.

 

[Don H]

So you sign off and the church is built. A few years later the church folds, sells the building and now you live next to a night club or a halfway house. Point being you have no control over future commercial use after you sign off. Are you OK with that?

 

[j_h_smith]

I personally would never sign off on a property next to mine. Once the restriction is removed, all bets are off. Larry Flint's Hustler's club could be there in 5 years, or an all night burrito joint. Neither one is necessarily bad, but not as a next door neighbor.

Good Luck!
Jim Smith

 

[rseymorejr]

Take into consideration what the change in zoning might do to your property value. You bought in good faith too.

 

[GTOGUNNER]

Don't do it. I have extensive experience inthis stuff. Read your covenants. Zoning you have little control. If you decided to sign not being that guy have a clause that reverts to prior use upon sale or transfer. Lots 8f crooks in zoning and land use.

 

[IndispensableDestiny]

I have some personal experience in this.

In Harford County, a church is not a commercial use. It's a institutional use and is allowable on agricultural and residential zoned land. I suspect Howard is much the same.

The county will not enforce the deed restriction. You have to enforce it through the courts. Talk to a property law attorney. Don't sign anything.

It's not clear to me if the church was deeded the land from the original subdivider or a
subsequent purchaser of that land. I don't think it matters, since that restriction runs with land and would take a court to remove it. Get a free account on http://www.mdlandrec.net/ and look.

It's up to you. If I were you, I'd "be that guy" referred to above. If not, you can always demand compensation before signing and then deal with whatever ends up on the church site.

 

[dan8480]

That's what I'm afraid of, the church going under and selling out, then it's fair game for whatever to take its place... Im just wondering what they can do if I say no. I have a great view out of my back porch of nice rolling fields, Id rather not spoil it... But if they put up a bunch of trees, and give me the rest of the lot next to me that they aren't using, and revert to residential after they fold in a few years, I could consider it for a second