Buying & Selling Real Estate
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Updated about 5 years ago, 11/10/2019
CC&R's/Road Maintenance Agreements and neighbors
Hello BP!
I currently have a parcel of land under contract. The land is in a small development with a private road built to County specifications. There are modest CC&Rs that outline the road maintenance among other things. There are 10 total properties that currently have access to the private road.
Once I close on the land, I will do a lot line adjustment to change the layout of the acreage (two 10.5 acre parcels). Once that is complete, the parcel I am purchasing will be only accessible from the private road with the CC&Rs. I have gained agreement from 9 out of the 10 homeowners that adding one more lot to the CC&Rs and road access is fine, especially since that will be one more parcel to add $ to the maintenance account. The CC&Rs do not include any language on how to amend, add or delete parcels to the CC&Rs. In conversation with the original developer of the land and CC&Rs (current homeowner included in them) he said I would only need a simple majority to make the addition of one more parcel.
Since there isn't any language outlining this, what should I do? I have a 6 days left on the feasibility period and would not purchase the land if it becomes land locked (obviously).
Let me know if more detail is needed or any additional questions!
Matt