"Front of lot" Interpretation

by Gary
(WV)

Visitor Question: Hello.

I have some deed restrictions on my property. One of which says no residence or outbuilding can be 50 feet from the front of the lot. My question is who decides what side the front is. There are no indications on the surveys or anywhere else.

The road up through our community is gravel and is private. This road is on one side of my lot and the county road is one property on the other side of my lot.

I'm currently building a garage and the farthest we can get it from the gravel road coming to our house is 30 feet. Our lot is sloped and I have my drain field and a pond to contend with.

I don't believe it will be an issue. There is no HOA where we live and there are a few other structures on other lots that are closer than 50 feet to the road.

I just didn't know how something so vague as "Front of Lot" would hold up if taken to court.
Thanks.

Editors Reply: I agree with you that this could be seen as vague in your case. We are not attorneys, but we are planners, so take that into account.

Giving you the ordinary interpretation of the front of the lot, planner types usually consider the front of the lot to be the street that your address refers to, the street where your driveway enters a road (if you have a driveway), and/or where your front door is.

It sounds like in your case, that is the gravel road.

Again, we cannot predict how a court would react. The exact wording of your deed restriction is important too.

But the common sense approach here is yours--who is going to complain or sue you, since there is no HOA? You might casually and conversationally survey your neighbors to see how they feel about it. (Of course, even if your current neighbors agree with your plans, that would not prevent future neighbors from suing.)

A more correct approach would be to try to get the deed restriction removed or changed. This involves getting an agreement from the person or company that originally imposed the restriction, or from their heirs or successors. Legal work, and therefore legal expense, would be involved. You have to assess how practical that would be. If you know the person who wrote the restriction while they owned the property, and you can locate that person and reach agreement with them, it could be relatively simple. But if detective work is involved to find the original owner or their heirs, it can be long, complex, frustrating, and possibly ultimately unsuccessful.

I hope these observations from a planner can help you decide what to do. An attorney who works with real estate matters in your area is a better professional to ask about this.

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