Not sure how to title this...

[RJT]

Came across this story and it reminded me of a question I've had for a while now...

How does one go about removing title/deed restrictions put in place by previous owners? Like the 60 year old restriction that's causing this guy so much grief even though he just moved in 4-5 years ago for example.

[PA Rifleman]

He should have requested a variation from the township or governing body before building it rather than engage in defensive litigation afterwards. Perhaps he's a fan of Grace Hopper:

“It is often easier to ask for forgiveness (afterward) than to ask for permission (beforehand).”

The restrictions prohibit any structure other than a house and garage on the property and no building within 25 feet of a property line. The Werts want the treehouse removed and are asking for unspecified punitive damages.

This tells me there's another problem, removal of the treehouse won't fix it.

[ehidle]

The restrictions prohibit any structure other than a house and garage on the property and no building within 25 feet of a property line. The Werts want the treehouse removed and are asking for unspecified punitive damages.

Here is a link to Salisbury Township's Building Code:

http://www.salisburytownshippa.org/t...s/2441-004.pdf

As you can plainly see, the words "Structure" and "building" are not defined therein, so I do not see how the covenant can be enforced. There is legally no such thing as a "structure" or a "building" in Salisbury Township.

The generally accepted definition of a "structure" is something with 4 walls and a roof that is built on land and meant to provide accommodation.

Something that is not meant to provide accommodation (a tree house is meant to provide recreation, not accommodation) and that is built on a tree stump meets neither of those conditions.

[gf45acp]

Sounds like a good legal question.
The article appears to talk about a private community or HOA. Not sure that under a circumstance like that you can remove them, as it would not be the previous owner that put the restrictions on the deed, but the HOA.
Then again, I am not a great legal mind, or one of any sort!

[RJT]

He should have requested a variation from the township or governing body before building it rather than engage in defensive litigation afterwards.

According to the article it isn't a local ordinance that the township would grant a variance for. It's a stipulation on the title itself. Ordinances can be worked with (variations and such) but how do you deal with a rule placed only on your property by a previous owner?

[RJT]

Sounds like a good legal question.
The article appears to talk about a private community or HOA. Not sure that under a circumstance like that you can remove them, as it would not be the previous owner that put the restrictions on the deed, but the HOA.

At some point in time the HOA would have to have had ownership I would think...otherwise they could just annex adjoining land into their authority under the guise of "protecting their property values"

[gf45acp]

If in fact these restrictions are part of an HOA by-laws or rules, then you need to appeal to the Board of Directors (or whatever that HOA calls their board). An HOA's rules may be less or more strict than the town or township, you will be held to the stricter by whichever one has it.
I believe that almost every property in a private community has deed restrictions that enforce their rules.
I would doubt that the HOA will allow a complete removal of the restrictions (do you have the $$$ to fight them?), but they may give their version of a variance. My experiance with this is that they are not big on doing this, as if they do it for one they will need to do it for others.
I would offer that people should do their due diligence before buying, read the paperwork and have your lawyer do the same. If you can not live with what it says, don't buy it.
BTW, NEVER buy without a lawyer. It will be the $500 bucks that you will regret not spending for the rest of your life.

[gf45acp]

The HOA may not have been the original owner, a developer may have been and then the HOA set up later (that is the case in the community I live in).
I think that a legal oppinion is need beyoond that for as to if there is something to do about the restrictions.

[tes151]

I read the whole article and never saw a HOA mentioned once. Deed restrictions and township ordinances were all I saw being talked about. One fellow in the comments section said that the tree house didn't seem to violate either of those two things. I guess a judge will decide.

[ungawa]

I would have titled it "removing title/deed restrictions"