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Started By
Message
Neighborhood restriction question - lawyers?
Posted on 8/5/13 at 1:22 pm
Posted on 8/5/13 at 1:22 pm
I have a 1 acre lot where I built a 30 x 50 shop. I have a small business operated out of my current home on another property. I make seafood patties and a few other items to sell at farmers markets. I have spoke with FDA and know what I need to do to allow my business to get FDA approved so that I can put my items in restaurants and stores. Well the property with my shop is zoned agricultural but has neighborhood restriction of no business. I know several other people have had businesses (window tinting) in their yard for over a year. I have been told that if they operated for over a year and nobody harassed them the neighborhood restrictions become null and void. Any attorneys know if this is true?
3
Posted on 8/5/13 at 1:40 pm to DownSouthTiger
why break the rules? What's next, Pablo's taco shop on his front lawn? That's what you are asking for if you get away with it, b/c what can they tell Pablo at that point... I'm pretty sure there are FDA approved kitchens you can share/rent?
Posted on 8/5/13 at 1:42 pm to Zilla
quote:
why break the rules?
on what authority were they made?
Posted on 8/5/13 at 1:45 pm to 90proofprofessional
quote:
on what authority were they made?
Freedom of contract I would imagine.
Posted on 8/5/13 at 1:52 pm to DownSouthTiger
They were made by a guy that bought about 15 acres of land between some woods and canefield he divided into 1 acre lots. I spoke with him and he is fine with my business which has no storefront an will not sell any products out of my house. There will be no extra traffic due to my business and his intention to the regulation was not to have an auto body shop or salvage yard in the area. I do it now in my current outdoor kitchen and I assure you none of my neighbors know it even exists. I am not interested in running a taco shop. If this business were to grow any larger I would get another facility away from my house I wouldn't want a big operation at my house right now I am just wanting a way for my wife to quit working at her job to help take care of my autistic son and do a little work at home with out making a huge investment.
This post was edited on 8/5/13 at 1:53 pm
Posted on 8/5/13 at 1:53 pm to elposter
quote:
Freedom of contract I would imagine.
Given that he owns the lot and built the shop on it, the rule shouldn't have been any surprise to him then, unless the fact that he signed onto such a deal just slipped his mind.
If he was saying he was disregarding the rules because he saw others doing it, I guess he's probably rightly hosed then.
I took the OP as complaining about the rule (as if he didn't see it coming) maybe incorrectly I guess
Posted on 8/5/13 at 1:56 pm to DownSouthTiger
quote:
I have been told that if they operated for over a year and nobody harassed them the neighborhood restrictions become null and void. Any attorneys know if this is true?
This sounds like a restrictive covenant which is contractual in nature but they do have some property law aspects to them. I am not aware of any rule of law that says if the covenant is broken openly for a year without someone seeking enforcement that it becomes null and void. It could be in the written covenant I guess but I doubt it.
Still, I think if your operation is as unintrusive as you say, I would just do it and keep it on the down low.. Worst they will probably make you do is stop.
Posted on 8/5/13 at 1:56 pm to DownSouthTiger
sounds like you have a very hazy set of rules and permission structure to work with
you're saying the guy who sold you the lot stipulated you can't have a business on it despite its zoning, then verbally said that you could, but now someone else is saying you can't?
you're saying the guy who sold you the lot stipulated you can't have a business on it despite its zoning, then verbally said that you could, but now someone else is saying you can't?
Posted on 8/5/13 at 1:57 pm to 90proofprofessional
I knew about the rule when I bought the property and the shop I have was not built with the intention of housing the business. When the shop was built i did not have the small business. This business just started this year. As for the FDA approved kitchen will be a 15x15 addition to the building. The current building is just a shop for my boat, etc as anyone else would have.
Posted on 8/5/13 at 2:00 pm to 90proofprofessional
The guy I bought it from put the restrictions on the property and when I signed the contract to buy his rules were in there. Now he says what I am doing does not bother him. I have had no resistance yet but I didnt want to get occupational licenses, build the addition, get equipment and have someone fight me after. Which would be a civil issue right? I was just trying to figure out if what people were telling me about the one year thing was true?
Posted on 8/5/13 at 2:04 pm to DownSouthTiger
quote:
I was just trying to figure out if what people were telling me about the one year thing was true?
I doubt it if it's not specified in the contract.
You really need to read the contract / covenant. I imagine that other homeowners have a right to enforce the covenant against you?
I am not aware of any general rule of property law that would make a covenant go away if it is not enforced for a year.
Posted on 8/5/13 at 2:09 pm to elposter
Thanks.
Posted on 8/5/13 at 3:30 pm to DownSouthTiger
/not legal advice/
If in Louisiana:
Art. 781. Termination; liberative prescription.
No action for injunction or for damages on account of the violation of a building restriction may be brought after two years from the commencement of a noticeable violation. After the lapse of this period, the immovable on which the violation occurred is freed of the restriction that has been violated.
If in Louisiana:
Art. 781. Termination; liberative prescription.
No action for injunction or for damages on account of the violation of a building restriction may be brought after two years from the commencement of a noticeable violation. After the lapse of this period, the immovable on which the violation occurred is freed of the restriction that has been violated.
Posted on 8/5/13 at 3:59 pm to rmc
Thanks for looking that up. So that would apply to only that violation would not apply to any future violations of the restriction? Right?
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