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“Did you sign a conditional contract?” Supervisor Nelson Lane asked. “The deed should have been filed with the contract. That would have been a good time to read it.”
Jackson District Supervisor Col. Ellis Bingham added, “Any reputable contract will list the restrictions.”
“I never saw it,” Mr. Raynor replied. “It was a standard contract with the price paid and the parties involved.”
“How fast do you want this house?” Col. Bingham asked.
“I’ve already dug the hole,” Mr. Raynor told him, adding that he’d paid for a survey and the Health Department permits.
Mr. McCarthy reminded the board that “restrictive covenants or not, the application must be decided on its merits. You are not a party to the covenants. You must decide whether the lots may be cut off the existing parcel.” Already, he added, 12 lots of five acres or less and three lots of 25 to 30 acres have been divided from the parcel since 1962.
Next to his parcel, Mr. Raynor pointed out, there is a 13-acre parcel w’here four houses will be built.
Mr. Raynor added that he had not known of a lien on the property until he went to settlement. He even paid a part of the $5,600 lien in order to clear the title, he said. “I wanted that land, and I had gone that far.”
“It sounds like a comedy of errors,” Mr. Lane said. “These problems should have come to light, or you should have backed out. It’s tough to grant this on the basis of you not knowing — people will start hiding things in deeds.” Certainly, “any reputable real estate agent should have let you know” about the restrictions.
“It’s not our place to say what should or should not have been done,” Mr. Massie said.
“It’s not even on the table,” Mr. McCarthy agreed, steering the dis
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