Is there a lawyer in the house? Business in residential area...How can we stop it? Please answer!?

Question

A lady bought property down the road from us and renovated the house from 2 bedroom 1 bath to 5 bedroom 3 bath and a "bunk house" that can sleep 16! Our deed restrictions on the Right of Easement papers say "All lots shall be used for residential purposes only and no business of any kind can be conducted upon any lot" and "No temporary dwelling house will be permitted on any lot; and any permanent dwelling house erected on any lot must contain no less than 800 square feet of floor space, excluding porches and garages." We live in a very secluded and quiet waterfront area and the right of easement and deed restrictions include all 27 lots in our area. The internet is advertizing it as a Vacation Resort home.Answer me this: #1-What is a temp dwelling home? #2What can I do/who can I contact to shut her down for having a business in the residential area?(w/o paying a lawyer)Now we have a lot of traffic on the road and thefts. Every weekend there are 4 to10 cars there. Thanks.

Answer 1

First, i'm not a lawyer.

It seems to me that someone had to issue a business license to the operation. If not, she is in some kind of violation there. The local government will have a record of that license and what business it allows to be conducted at the address.

The zoning/planning commission of your local government enforces ordinances dealing with land use. How is your area zoned? If it is zoned "single family residential" then the operation is in violation of those ordinances.

If those two avenues don't prove fruitful, then call your town/city/county council member. Ask him/her to look into the matter.

If nothing else works, you may have to get a lawyer to tell you what your recourse is and how to enforce the deed restrictions.

good luck

Answer 2

First.....check and see if that parcel is subject to the same restriction that you are. Her land may not be in the same plat, or your deed restrictions may be unique to your property. Second, see if any of the provisions of you restrictions have expired, been replaced or been found unconstitutional. This will probably require an attourney to track down. You can sue her for violation of those restrictions (Circuit Court I do believe).

Answer 3

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Answer 4

If she approached the city and they okay'd the renovations, then you might be out of luck.

Good luck!