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AMNOLO 1 r*INYtRO MIRV I .,tN N• ILLMARO Nt.••• .IAM•• •CMOMAOMCR ALVW O M•LMOM MC••• M •OMOM•CM•R t4R fEIN$ERCA, MIRVIBB, MEYERS, SCHUMACHER MALMON. P At ATTOMN••• AT LAW till IOWSRS 01\IWRt (WOW. II• NtNNt Rif •Vr•Ot 4.11NNIAPOL1• MINN••OTA ••AOI SI• a•a1 March 31, 1972 Village Council Village of Mounds View 1 2401 Highway 10 Bt.. Paul, Minnesota 55112.., RE; Restrictive Covenants- Zoning •WPWWAN orrICtb. •IOM•I•IO NtW •MONTON L•XINOTON Gentlemen: At the lest Council meeting 'a question was raised relative to a search for the restrictive covenants that may exist on property abutting Highway 10. A' restrictive covenant, such as a provision in a deed nothing except a residential home can be built on a piece of land, is 'a private agreement, between grantor and grantee that runs with the land. This Means anybody that purchases this particular property takes it subject'to the I restriction imposed. This will appear of record in deeds'and other documents relating to said parcel of land. In determine what restrictive covenants go with oach,paroel of land it would be necessary to examine the title for Mach parcel involved and find the particular document that may have imposed 'the restriction. Most restrictions run for 20 to 25 years 'at which time they lapse. After the lapse date the restriction no longer applies andlthe land is free of the covennnt. If a'parcel of land had a restriction such as I have described above, and a grantee 'would attempt to build a commercial business on said 'land, court action could be brought by parties of interest to prohibit the construction of the commercial building. Because of this potential, the builder of a commercial building would be unable to get a mortgage on said property. This restriction, however is a private matter between grantors and grantees and other parties of interest, but not the governing body of the 4 community wherein the land lies.