I could see some kind of legal max duration of a deed restriction, but it seems totally reasonable as long as both parties know the agreement.
replyIf I can't write in a deed restriction then I also don't want the government writing easements and land use restrictions.
I consider easements only valid when in use, or 5 years. That is once you build the "thing" you get to keep the easement, but if you stop using that pipe/cable/... you get 5 years to clean it up. If you are planning on building, you get 5 years to complete it, otherwise you have to start over getting another easement.
replyI was recently involved in a civil suit where an 50+ year old easement was brought up. I’m glad you only consider the easement valid for 5 years or when in use, but the courts disagree.
replyThe courts have no choice - they are following the law as they should.
replyHowever that doesn't mean the law is just or right. This is an important philosophical difference
Deed restrictions can be modified. There are processes for doing it.
replyMaybe. Many are forever. If the restriction is a via HOA there is generally a process to modify the HOA agreement. However there are other restrictions and some don't make provisions.
replyNothing is forever. You just have to get enough people to agree. Look at the current US situation. Things thought of as forever are now being shown to be much less permanent.
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