We are abuttors to a tract of land currently under development. To win our support (there were issues with his meeting of town ordinances), the developer agreed to certain restrictions that helped minimize the impact on neighbors and abuttors. A legal agreement that specified the terms of the restrictions was signed by all parties-- including the developer's lawyer.

The first two lots have been sold and one of new owners has violated one of the restrictions. A look at the deed indicates that this restriction and several others were not included in the either of the two deeds written so far. (Other provisions of the agreement appear as notes on the approved plan.)

When contacted, the lawyer admitted (in writing) that he "forgot" to include the restriction in the deed. While he promised to include some of the restrictions in any future deeds, he did not address the present violation.

My question is how do we get the agreement and this restriction enforced. Do we challenge the two current deeds since they were created without restrictions the grantor had agreed to previously? If so, can this be done by an appeal to the Registrar of Deeds?

Is litigation the answer? Exactly who would be the target of the litigation--the developer who signed the agreement, the lawyer who created the deeds without the restrictions, or the current owner who may of may not know of the agreement?

I can understand that this is a frustrating situation for you and the other owners that are affected. I am not sure of what the best process would be for you. You may want to consider speaking with an attorney to discuss your legal options. There may be no way to have the restriction enforced against the owner, but you may be entitled to compensation. It really will depend on the wording of the actual documents. You can locate an attorney through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.