Can restrictive covenants be recorded by the seller on property after the seller has recorded a deed in Colorado?

0
0

Under contract the seller wanted a restriction put on the property when the deed was conveyed. It was overlooked and the deed was recorded clear. Then the seller recorded restrictive covenants stating the restriction and recorded. I thought restrictive covenants were used mainly with subdivisions in Colorado.

Marked as spam
Posted by June
Asked on December 7, 2016 6:18 pm
158 views
Public question
Disclaimer: The response posted below is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.
0
Private answer
I generally agree with Don. A document filed subsequent to your vesting deed may very well be a cloud on title to your property. The issue can become a bit murkier, however, if it was the understanding and intention of the parties that the property would be conveyed subject to the restrictions. Don's also correct that additional information is necessary to provide a definitive answer.
Marked as spam
Posted by Stephen Whitmore (Questions: 0, Answers: 3)
Answered on December 7, 2016 6:36 pm
0
Private answer

The restriction filed against your property is a cloud on title this issue is did the filer have the right to file this restriction after conveying title. Likely not. Can you have this removed? Likely yes. Can you also sue the filer for damages? Likely yes.

Since all of the facts in question are unclear it is impossible to give a definitive answer. However, you should schedule a free consultation with a R&H attorney to review the documents and discuss your options.

Marked as spam
Posted by Don Eby (Questions: 0, Answers: 18)
Answered on December 7, 2016 6:27 pm