subdivision problem. Need opinions

**Smokaah** · 05-27-2009, 02:26 PM

Currently working on developing a new restaurant/bar concept on 4 parcels of land. All 4 border each other and the plans including the "reverse subdivision" have been recorded. The problem is one of the 4 parcels has a deed restriction which prohibits the sale of liquor. The new deed will be issued any day. Will the restriction now apply to the entire property, to the original property, or none???

If anyone has a clue I would appreciate some feed back.

**rentec** · 05-28-2009, 09:14 PM

This sounds like a big enough project to bring it to city hall and get a confirmation or exception. I take it you want to sell liquor. =)

**Greg** · 05-29-2009, 06:31 AM

Whoever is drawing up the new deed should be able to answer your question seeing as they actually have the deed in question to look at.

**tucsonhomes** · 07-11-2009, 03:06 PM

Deed restrictions always apply to the parcel they are encumbering until or unless they are declared illegal or there is a "sunset" provision, or the beneficial interest in the restriction agrees to remove them.

The effect of the restriction can't encumber more than the original parcel.

**Curtis McLain** · 08-27-2009, 07:43 PM

Depends on how it was worded in the dead
Deed restrictions can be worded to have an expressed lifetime by expressing their duration on the deed. Otherwise, such restrictions will terminate by material change, agreement between or among affected parties, or by merger (one land owner acquires the interest of all persons owning property affected by the restriction. You will usually Legal advice and court judgment preform such termination.