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question iconUnder 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.
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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.


The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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Bill Henry
BusinessDec 7, 2016
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