So this is a question that a client posed to me a couple years ago and I couldn't necessarily nail down an answer. Now that I've joined here perhaps you can shed some light.
Fictitious Scenario:
I own a large tract of land. I create a subdivision on said land. When creating the deeds for the newly created parcels I add in a deed restriction. One that I have seen in a deed is no dogs of a certain breed. Let's say Chow. 10 years down the road I drive by and see a man in his yard playing with his friendly Chow. But alas, this was a deed restriction! How dare he! He can't have that! Didn't he read his deed? Call the police! Oh wait, they won't care will they? Maybe the building inspector? But is this truly an issue that they would handle? It has nothing to do with zoning and it's not in violation of any town code...
So the question is, who enforces deed restrictions? If a land owner violates a deed restriction who resolves the issue?
This came up at a planning board meeting where a disgruntled land owner wanted assurance that he could call someone if the 25' buffer along his property line was disturbed. In that instance, the building inspector could possibly issue a stop work order and alert the current owner to the restriction, but even if he continues to cut or dig, is a deed restriction violation an offense that can be prosecuted? Will he get a fine? Will he be arrested? I assume he could be sued... But in the case of a dog breed restriction, who would sue him?
How can deed restrictions be enforced?