by admin » Fri Jul 13, 2007 3:34 pm
JACKSON COUNTY, OREGON - - -
There is a parcel of land (unincorporated, rural, river-front property) that was foreclosed on for non-payment of taxes and the county became an owner in succession.
I sold the parcel of land to the person the county foreclosed on. - - - I had written in covenants, conditions and restrictions (CC&R's) in the deed. - - - These CC&R's addressed the type and number of dwellings and other structures that could be placed on the property by the new owner and his successors. - - - The parcel was and is a legal parcel and all CC&R's were legal as to zoning etc. at the time of their inception and a matter of the public record.
Approx. 30 years had passed since I sold the parcel and when it came up for auction and being aware of the CC&R's, I bought the parcel. - - - Prior to the purchase, nothing was said about the CC&R's. When the county commissioners mailed me the deed some ten days later, the sentence referring to the type of dwelling etc. was left out. - - - At the very least the county withheld a material fact. As all county planning & development depts. everywhere, they think they're omnipotent.
The county, with a cavalier attitude, now says that due to the change in zoning regulations as to minimum lot size etc. I can't build.
MY QUESTION IS: The county, which is a political entity and under the law, a person just like everyone else. Can they as owner in succession, unilaterally delete, modify or change the CC&R's?