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Thread: Development at Como and Borden in Cheektowaga

  1. #16
    Tony Fracasso - Admin
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    I don't know. Someone has to know.

  2. #17
    Tony Fracasso - Admin
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    Some reading was sent over..


    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?

    https://rplstoday.com/community/busi...n-enforcement/



    Deed Restriction Enforcement Without HOA Management

    Visitor's Question: I have a buyer who is interested in purchasing a home in a neighborhood with 2006 deed restrictions and an HOA (without management). The buyer owns a boat which is not allowed according to the recorded deed restrictions. There are other homeowners in the development that have boats on their property.

    The buyer is reluctant to purchase. What would be the process if he purchased the home, stored his boat on the property, and one of the homeowners took issue with the boat?

    Editors Reply: We apologize for overlooking this question when it was asked. But it addresses an important general topic, so we decided to answer.

    Enforcement of deed restrictions is always a private matter. In other words, another resident could not call the city or county and ask them to enforce the deed restriction (unless the local government has taken the unusual step of providing in their ordinances that property owner behavior must conform to deed restrictions).
    https://www.useful-community-develop...anagement.html

  3. #18
    Member gorja's Avatar
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    But the duplex deed restriction was put in by the town not a landowner and a Special permit is needed by the ZBA.
    Have a GREAT day,
    Georgia Schlager

  4. #19
    Tony Fracasso - Admin
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    I was told towns do zoning not deed restrictions. I told the one home owner to get it "officially" in writing.

  5. #20
    Tony Fracasso - Admin
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    Quote Originally Posted by gorja View Post
    Wasn't it the town who put the deed restrictions on the property to begin with?

    In fact, it's in the Cheektowaga town code -

    260-23R Residence District.
    Regulations for the R Residence District shall be as follows:
    A. Permitted uses.
    (e) By special permit authorized by the Zoning Board of Appeals.[Amended 2-17-2016 by L.L. No. 1-2016]








    Two-family dwellings in the following described area of the Town of Cheektowaga: Beginning at the intersection of Como Park Boulevard and Union Road; thence southerly along Union Road to Slate Bottom Creek; thence southeasterly along Slate Bottom Creek to Transit Road; thence northerly along Transit Road to Zurbrick Road; thence westerly along Zurbrick Road and the south boundary of the Village of Depew to the point where the Village of Depew boundary intersects Rowley Road; thence southwesterly along Rowley Road to Indian Road; thence southerly along Indian Road to Como Park Boulevard; thence westerly along Como Park Boulevard to Union Road at the place of beginning.

    Isn't this more of a zoning statement not a deed restriction?

  6. #21
    Member gorja's Avatar
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    Quote Originally Posted by WNYresident View Post
    Isn't this more of a zoning statement not a deed restriction?
    The Zoning issue is that they don't want duplexes built in that area

    So, what is the deed restriction about?
    Have a GREAT day,
    Georgia Schlager

  7. #22
    Tony Fracasso - Admin
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    We should research the best ran town in the USA and see if we can pay them for some consulting work. Two different answers from two people who work with the town.

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