My question involves real estate located in the State of: KS
We live in a small housing addition with 10 lots, each being approx 5 acres. In 1986, the developer created covenants over the property to restrict certain activities and housing. All owners are original from approx 1990 except for 1, who recently attempted to rezone part if his lot to commercial. This application saw firm opposition from other home owners. The zoning board denied the application based on lack of planning, water drainage plan, etc. Due to these concerns reoccurring, home owners are now looking at ways to block this from happening again.
The covenants were written in 1986 and I will briefly explain the language in the "term" of the document.
" Covenants shall be in force for a period of 10yrs, then auto renew for an additional 10yrs unless 51% of the land owners write amendments therein"
The way I read this is the covenants expire in 2006 and that home was sold and repurchased in 2012 so the new owner would not have had these restrictions.
My question is, can the developer or majority of the original land owners file a covenant renewal despite the original document being expired? Or do covenants typically carry some sort of "spirit" influence on courts? Is it typical to have an expiration of covenants?
We live in a small housing addition with 10 lots, each being approx 5 acres. In 1986, the developer created covenants over the property to restrict certain activities and housing. All owners are original from approx 1990 except for 1, who recently attempted to rezone part if his lot to commercial. This application saw firm opposition from other home owners. The zoning board denied the application based on lack of planning, water drainage plan, etc. Due to these concerns reoccurring, home owners are now looking at ways to block this from happening again.
The covenants were written in 1986 and I will briefly explain the language in the "term" of the document.
" Covenants shall be in force for a period of 10yrs, then auto renew for an additional 10yrs unless 51% of the land owners write amendments therein"
The way I read this is the covenants expire in 2006 and that home was sold and repurchased in 2012 so the new owner would not have had these restrictions.
My question is, can the developer or majority of the original land owners file a covenant renewal despite the original document being expired? Or do covenants typically carry some sort of "spirit" influence on courts? Is it typical to have an expiration of covenants?
Servitudes and Covenants: Can an Expired Covenant be Renewed
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