On Feb 20, 9:15�am, Art Clemons wrote:

I don't see how a 3rd party can be sued under existing US
law over a contractual obligation of another.

I'm not a lawyer either.

But it *might* be possible to go after the thrid party legally if and
only if it could be shown that the third party knew of the existence of
the contractual obligation from the beginning, and willfully conspired
with the property owner to violate it.

But that's a very hard thing to prove in many cases.

For example, suppose A hires the B Fence Company to put up a fence on
A's property, in an area where fences don't require building permits or
inspections. A tells B where to build the fence.

But it turns out that A misunderstood where the property line is, and
the fence is built on C's property. (C was away from home and doesn't
see the fence until the job is done).

I don't think C can sue B over the fence; instead, C has to go after A.
C can also remove and sell the fence - it is now C's fence because it
was built on his property. A still has to pay the B Fence Company
because the contract is between the two of them, and as long as B built
the fence where instructed by A, that part of the contract
wasfulfilled.

Not an exact analogy but you get the idea.

While I'm not a lawyer, things like this prove the need for thorough
research before signing anything. Being told at closing that there are
CC&Rs is way too late, IMHO

73 de Jim, N2EY