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Updated over 1 year ago on . Most recent reply

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Chris Battaglia
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Deed Restriction - Still Active?

Chris Battaglia
Posted

I'm looking at a property on a small lake that would be used as a STR but have heard from a few locals that all properties surrounding the lake have a deed restriction preventing renting. My understanding was this happened many decades ago (in the 1930s potentially?). I dug into some deeds on file and found the most current deed does not make mention of this rental restriction, but there are deeds a few owners back that do make note of the restriction. My question, even if this is no longer called out specifically on the current deed, is it still there and enforceable? STR in the area isn't prohibited and there is no HOA, but I don't want to buy a property and have a disgruntled neighbor point to the deed and sue me for renting. Any help would be appreciated!

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Collin Hays
#1 Short-Term & Vacation Rental Discussions Contributor
  • Property Manager
  • Gatlinburg, TN
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Collin Hays
#1 Short-Term & Vacation Rental Discussions Contributor
  • Property Manager
  • Gatlinburg, TN
Replied

Don't fall for the "Recency Fallacy".  Any restrictions, old or new, could bite you in the butt.  

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SMOKY MOUNTAIN FALLS INC.

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