Our Los Angeles Real Estate Attorneys were recently asked to analyze whether the 5 year statute of limitations on land covenant enforcement actions was applicable to recently discovered violations. The statute reads as follows:
The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation. A failure to commence an action for violation of a restriction within the period prescribed in this subdivision does not waive the right to commence an action for any other violation of the restriction and does not, in itself, create an implication that the restriction is abandoned, obsolete, or otherwise unenforceable.
The statute is clear that a failure to commence an action for one violation, will not bar an action for another subsequent violation within the 5 year statute. If you have questions regarding a real estate matter, contact one of our Los Angeles Real Estate Attorneys for a free consultation and case evaluation.