Answers by Giovanni Arenella

You typically can’t just “get around” a restrictive covenant, since it runs with the land and can be enforced by whoever benefits from it. That said, a covenant from 1954 isn’t automatically a deal breaker.. First step is to verify whether it’s even still enforceable—things like who has the right to enforce it, whether it was properly maintained, and whether it’s become obsolete due to changes in the neighborhood all matter. If it is enforceable, options may include: • Getting a release or amendment from the parties who benefit from the covenant (often neighboring owners) • Checking if local zoning laws now conflict with the restriction (in some cases, that can weaken it) • Pursuing a legal challenge based on changed conditions or lack of enforcement over time Bottom line: it’s a title/real estate attorney conversation. I’ve seen older restrictions like that become non-issues, but you need to dig into the specifics before assuming you’re stuck.

Yes—potentially, but it depends on proof. In most states, sellers are required to disclose known material defects like water intrusion. If the buyer can show the seller knew about the drainage/flooding issue and failed to disclose it, they may have a claim for misrepresentation or fraud. Key factors: • What was stated on the disclosure form • Any evidence the seller knew (past repairs, prior flooding, neighbors, etc.) • Inspection findings before closing It’s very fact-specific—this is something a real estate attorney should review.

It makes sense to refinance when the numbers clearly work in your favor. Typically: • You can lower your rate by ~0.5%–1%+ • You plan to stay in the home long enough to recoup closing costs (break-even point) • You want to change the loan term (shorter to save interest or longer to lower payments) • Or you’re tapping equity for a specific purpose Bottom line: if the monthly savings or long-term benefit outweighs the costs, it’s worth it.