Wednesday, August 26, 2009

Restrictive Covenants

We are about 20 days away from closing on the purchase of the property. We did find a couple of conditions on the property that provide a "bargaining chip" for introducing some restrictive covenants on our property as well as the two adjacent lots to the east.

It's been a few years since I cracked open my Property Law book, but I've been trying to put together a list of ecologically or environmentally minded covenants. We really have two goals: first, is to preserve and protect the existing ecology as much as possible; second, is to protect the valuation of the land so it is not depreciated by an unwanted land use or eyesores. Rather than just specify no mobile homes, we are trying to put in a requirement that any construction on a neighboring house follow LEED design and building practices. There are some very aesthetically and architecturally pleasing modular homes available so we don't want to limit to site built. It also goes against our values to ask a minimum square footage.

We would also like for any potential buyer to commit to rainwater harvesting, so that the water table is not overcharged for irrigating the lavish lawns or gardens. We also hope to strength existing County regulations regarding the removal of native hardwoods by protecting trees 8" or greater in diameter.

What other provisions should we consider?

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