If you were not aware of any covenants until after you boughta property and your deed does not refer to them, are you bound by them?

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If you were not aware of any covenants until after you boughta property and your deed does not refer to them, are you bound by them?

Asked on February 7, 2012 under Real Estate Law, Mississippi

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

It depends. But typically, a real covenant is an interest in land so it mus be in writing to satisfy the requirements of statute of fraud. The subsequent owner must have notice, actual, inquiry, or constructive notice for the covenant to run. It may not come with the deed but if it deems that you had inquiry notice, then it would run. You will have to consult with an attorney in your area for details of that covenant and whether it runs against you.


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