A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans "all outdoor structures designed for the storage of equipment or as habitations for any animals." In 2008, a resident built a tool shed and a doghouse. The neighbors took no action for six years, but in 2014 they want the shed and doghouse destroyed. Do the neighbors have any recourse?

Question

Lucian Lewis

Social Studies

12 August, 02:14

A subdivision built in 1980 included covenants, conditions, and restrictions (CC&Rs) in the deeds for all properties. One covenant bans "all outdoor structures designed for the storage of equipment or as habitations for any animals." In 2008, a resident built a tool shed and a doghouse. The neighbors took no action for six years, but in 2014 they want the shed and doghouse destroyed. Do the neighbors have any recourse?

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Answers (1)

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Georgia Duarte · Answer 1

No, the neighbors do not have a recourse.

Explanation:

Because of doctrine of laches People lost the right to enforce the restriction if there are long delays before asserting it. For most states, this limit is around 6 years Among the bans, the restriction to not building outdoor structures designed for the storage of equipment or habitation of any animals, does not have a time stipulated for it. It lasts, as stated in the agreement, or for at least six years. In the case of this neighbor, they failed to report for six years, they have no more chances left to report.