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Toxic Corporate Deed Restrictions

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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Toxic Corporate Deed Restrictions

Postby Mattz » Saturday March 8th, 2014 1:36 pm MST


I was wondering if anyone knows of a solution to the issue of corporations constantly putting deed restrictions in deeds. When a natural person puts restrictions in, and eventually dies, he/she won't be able to enforce such restrictions. Corporations, on the other hand, can last indefinitely. Their restrictions, often concordant with the mentality of a slave nation, become toxic in effect over much otherwise wonderful land. I can't think of a solution other than trying to make sure a certain corporation no longer exists to enforce said restrictions. In terms of making offers to these corporations, they will be reluctant to concede as they like uniform control over their subdivided developments.

Any thoughts?

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Re: Toxic Corporate Deed Restrictions

Postby Admin » Monday March 10th, 2014 10:59 am MDT

:h: Mattz:
More times than not it is not the corporation that is the party fostering the “deed restrictions” you are referring to. Quite frankly, the corporations don’t want anything to do with such restrictions. They simply want to get in, develop the real estate, sell it and get out. However, they are hampered by the county government’s planning division, which is hooked up to the: Appraisers Office, Building Commission and Clerk & Recorder’s Office; with their respective controls on: real estate subdivision, building and development.

Thus, when a developer (corporation or otherwise) comes to the county and applies for authorization to subdivide, the county requires that they meet certain criteria that conforms to the county’s “Development Plan”. Respectively, once the land and property is subdivided it has the county’s restrictions, home owners associations, etc. bound into the new home buyer’s agreement.

Accordingly, there are people out there that want to have some democratic dictatorial authority over their neighbors through which they can be assured that their neighborhood can be maintained at a specific look, feel and property value expectation; which they hope to achieve through a “sound contract” based (county controlled) Homeowners Association.

Of course, the obvious solution is simply don’t buy property where such agreements are attached. Respectively, when the corporate land developers and builders are not able to sell their subdivided real estate properties, they take a loss and stop building in counties with such abusive restrictions. Respectively, the county has to relax its controls or they loose business and taxpayer base. Respectively, they are forced to relax their restrictions.

Of course, such conditions can be fought administratively, legislatively and judicially; and, there are ways to eliminate such conditions at the time of purchase; but, learning how to learn about those elements of law are restricted to Team Law beneficiary support; so, we are not at liberty to share that level of support except to Team Law beneficiaries.

On the other hand, just because such restrictions may have been reserved by a natural person (that passed away) does not mean that such restrictions are any easier to eliminate than when they are placed by a corporation. In most cases, as noted above, the deed restrictions were actually imposed by a government agency and may be statutorily enforceable; respectively, they are not easily removed regardless of the seller’s death.

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