Hello, if real estate closing documents do not contain the Restrictive Covenants on the property or the details with regard to a right of way (which in addition, was the matter of a Circuit Court Permanent Mandatory Injunction), are the documents legal? Thank you.
Generally, in Virginia, it is the obligation of the buyer to find out about any restrictive covenants or other obligations of the property, just as it is the obligation of the buyer to find any other problems with the property before the closing.
Kristina Beavers, Attorney at Law. I cannot give legal advice because there is no attorney-client relationship at this time. All I can provide is general legal information.
Unfortunately yes. You have the right to file a claim if your title search did not catch it.
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
Yes, they are legal.
You are subject to whatever affected the property when you bought it - restrictions, easements, etc. Virginia (and nearly all states) have a principle that a buyer of property takes it with legal notice (forget 'actual' - the law assumes you knew even if you didn't) of everything recorded in the land records about your property.
Here's what likely happened to you and a lot of other people: years ago Virginia let non-lawyers conduct real estate closings, BUT non-lawyers cannot give any legal advice. All they can do - legally - is hand you paper to sign. When you bought the property, in the package was (or should have been) a title insurance policy and copies of recorded documents. But no one explained them and you didn't read the thick stack of documents (half of which can put lawyers to sleep).
Take all your closing documents to a lawyer to review and tell you what you do and don't have affecting your property.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
Information regarding restrictive covenants and rights of way are filed among the land records for the jurisdiction where the property is located. A title search would have uncovered those matters. If you did not get a title search, you did not perform your proper due diligence and you take title to the property subject to all matters properly on record. Consult with a local attorney for more information.
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