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Protective Covenants - (Real Estate & Property Law)

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• Mon, 19 Apr 2004 17:22:00 GMT(1)
• Originally posted by potassium19
  What is the name of your state? Wisconsin
  There reply was that they did not need written consent or a permit, and are preceding to install the fence now.
  ====================================
  My response:
  Since there's no one left to enforce the covenants, the neighbor is pretty much "bullet proof". Even if you were to start your own, new "board", the creation of the same would undoubtedly be AFTER the fence was built, and any such board would only be able to enforce what happens AFTER the board's creation.
  However, what are the current "remedies" in the current covenants? E.g., Fines? In other words, what's the "downside" for someone disobeying the covenants, and how would they be enforced? E.g., a lawsuit?
  IAAL
• Tue, 20 Apr 2004 11:13:00 GMT(2)
• Then all you people get together and sue.
• Mon, 19 Apr 2004 19:00:00 GMT(3)
• Does your municipality have any fence ordinances? My village, for example requires a permit for ANY fence exceeeding 3 1/2 feet in height for front or side yard fences, and 4 feet for rear. And, any fence within 7 feet of a lot line MUST utilize a current survey for placement AND obtain a permit. Even if the restrictive covenant may have expired, it is possible that there could be municipal fence ordinances that do. Contact your building inspection department.
  Where in our state are you?
• Mon, 19 Apr 2004 17:36:00 GMT(4)
• Consequences to be enforced.... i am not sure yet....
  However if there were a original member of the board still willing to discuss this, would the covenants still be valid?
• Tue, 20 Apr 2004 10:21:00 GMT(5)
• I live near Hartford, in the town of Addison, there is a zoning administrator that gave this person rules, (not a permit) to put this up.
  however they did not follow the rules and were directed by the administrator to remove the infringements, so now they are putting up by zoning rules so far....
  There are many in the subdivision that are in a uproar on this fence i am not sure but i think there may be one that still may be here from the original covenants committee, we are still looking into that.
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