Laserfiche WebLink
' Page 8 --August 10, 1998 Z.B. <br /> <br /> used a quitclaim deed, which meant the restriction was still included in the sale <br /> but it wasn't written on the deed. <br /> Wood, a neighbor, became aware in 1988 that the couple had violated the <br /> restriction, but she didn't take any legal action at that time. In 1987, the wife <br /> sold Lot 10. The new owner knew of the restriction, but the restriction wasn't <br /> included in the deed. The new owner got a building permit and a sewer permit <br /> to build a house on Lot 10. In 1988, the new owner told Wood and other resi- <br /> dents of the neighborhood that she planned .to build a house. At some point, <br /> Wood told the new owner that she intended to enforce the restriction, but Wood <br /> didn't take legal action. <br /> The new owner's building permit lapsed in 1989, and instead of making <br />further improvements to the property, she tried to sell it. She was unable to sell <br />the land and got another building permit in 1995. This permit also lapsed, but <br />was renewed in 1997. In August of that year, the owner began construction of <br />a house on the property. <br /> Wood sued the owner, asking the court to enforce the restriction on the land. <br />DECISION: Request denied. <br /> The court refused to enforce..the restriction because Wood waited too long <br />to sue the owner. <br /> The statute of limitations that applied to enforcing land restrictions was <br />three years from the time the person wanting to enforce a restriction learned <br />the restriction was violated. Wood claimed the limitations period didn't start <br />until the owner began building the house in 1997. <br /> The restriction prevented Lots 10 and 11 from being divided, so there could <br />be only one house on the combined lots. Wood knew the restriction was vio- <br />lated in 1988, when she learned Lots 10'and 11 were divided. Wood waited six <br />years too long before suing to enforce the restriction. <br /> <br />see also: Contegni v. Payne, 557A.2d 122 (1989). <br /> <br /> ZONING BULLETIN <br />To order Zoning Bulletin, call (800) 229-2084, or complete and return this <br />form to Quinlan Publishing Co., 23 Drydock Ave., Boston, MA 022'10-2;387, <br />or fax (800) 539-8839. <br /> $99 (plus $&h) w 1 year (24 issues) <br />1:3 New subscription [] Payment enclosed <br />13 Renewal subscription [] Bill me <br />Name <br /> <br />Organization <br /> <br />Address <br /> <br />City State Zip <br />Phone Fax <br /> <br />Email <br /> <br /> <br />