[WSBARP] CCR and neighboring property

[Marcus Fry]

This is going back to law school and real property 101.  I have a situation where there is a development that has CCRs in place (call primary development).  The owners in that development want to grant to a neighboring development the right to enforce the CCRs, but not be bound by them.  First blush, I think the neighboring property needs to become part of the CCRs (could be specifically exempted out of the use restrictions) in order to be effective.  I don't think a deed/contract from the primary development to the neighboring development granting such enforcement rights would be sufficient.

Anyone encounter such a situation?

Thanks in advance!

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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