Negating Restrictive Property Covenants

Summary

Restrictive covenants can limit property use, but they may be challenged if improperly renewed or managed. In South Carolina, you can seek to invalidate a covenant by proving forgery or mismanagement. If an attorney-in-fact is mismanaging an estate, you can file a petition for accounting and review or removal in probate court. This includes demonstrating fiduciary breaches, such as neglecting property maintenance or failing to seek public assistance. You can request reimbursement for estate losses and bar the attorney-in-fact from inheriting reimbursed funds. Legal advice is recommended for drafting petitions and navigating court procedures.

Full Conversation

In Greenville city of Greenville County of the State of South Carolina in the United States of America, how can I negate or defeat of remove myself form the restrictiv covenant on a piece a property that does not have an HOA. I want to build the house I want and not be bound by excessive size beyond my needs or construction type that is not as eco friendly an cost effecient as I want to use
Hello, ****. Here's some general information on restrictive covenants in South Carolina:
- You may need to obtain the consent of the majority or all property owners affected by the covenant.
- Check if the covenant has an expiration date or conditions for termination.
- You might need a court order to invalidate the covenant.
Would you like more specific details on any of these points?
What if there was an expiration date and someone forged the signature of the property owner at the time of renewal
Hello, ****. Forging a signature on a legal document like a restrictive covenant renewal is a serious matter. Here are some steps you might consider:
- Gather evidence of the forgery.
- Report the forgery to local law enforcement.
- Consult with an attorney to explore legal actions for invalidating the renewal.
Would you like more information on any of these steps?
What kind of pleading should be submitted to the court to request it review the actions of the attorney in fact who has been permitting the estate to waste under a durable power of attorney
Hello, ****. To address concerns about an attorney-in-fact's actions under a durable power of attorney, you might consider filing a "Petition for Accounting and Review" or a "Petition for Removal of Attorney-in-Fact" in the probate court. This will request the court to review their actions and potentially remove them if misconduct is found.
Would you like more details on how to proceed with this petition?
Yes, I would like more details
Hello, ****. Here are some more details on filing a petition in South Carolina probate court:
- **Petition for Accounting and Review**: This requests the court to examine the attorney-in-fact's actions under the durable power of attorney.
- **Petition for Removal of Attorney-in-Fact**: This requests the court to remove the attorney-in-fact due to misconduct or mismanagement.
Would you like guidance on how to draft these petitions?
Yes
Hello, ****. Here are some steps to help you draft these petitions:
- **Petition for Accounting and Review**:
- State your relationship to the principal.
- Explain why you believe the attorney-in-fact's actions should be reviewed.
- Provide supporting evidence.
- **Petition for Removal of Attorney-in-Fact**:
- Detail the alleged misconduct or mismanagement.
- Include evidence of the attorney-in-fact's actions.
- Request the court to remove the attorney-in-fact and appoint a successor.
Would you like sample templates or further guidance on these petitions?
Do I need to plead that the attorney-in-fact is a fiduciary and has responsiblity to manage the estate as aa duty of a fiduciary and must show loyalty ot the principle and must not permit the wasting of the estate
Yes, it's important to plead that the attorney-in-fact is a fiduciary and has a responsibility to manage the estate with loyalty to the principal and must not permit the wasting of the estate. This establishes the legal duty and standard they are required to meet.
Would you like more information on specific language to use in your petition?
Yes
Hello, ****. Here is some specific language to consider including in your petition:
- **Petition for Accounting and Review**:
- "The attorney-in-fact holds a fiduciary duty to manage the estate with utmost loyalty and care, ensuring no waste or mismanagement occurs."
- "The principal's interests must be prioritized, and all actions taken by the attorney-in-fact should reflect this duty."
- **Petition for Removal of Attorney-in-Fact**:
- "The attorney-in-fact has failed in their fiduciary duties, leading to the waste and mismanagement of the estate."
- "The attorney-in-fact's actions do not align with the fiduciary responsibility to act in the best interest of the principal."
Would you like more assistance with drafting the petitions or any other legal information?
Please provide wording to state the attorney-in-fact must act on their own authority to prevent wasting rather than wait for the principal to request help
Hello, ****. Here is some specific language to consider including in your petition:
- "The attorney-in-fact must act independently to prevent waste and mismanagement of the estate, without waiting for the principal's request or intervention."
- "The fiduciary duty requires the attorney-in-fact to proactively manage the estate, ensuring its preservation and proper use."
Would you like more assistance with drafting the petitions or any other legal information?
Yes. The principles oldest son moved in with the principle due to loss of job and then serious health issues. He has never wanted to stay there but has been unable to move out due to the inability to afford to do so over the years. This has caused the prinicple to have to expend more of the estates money. The attorney-in-fact has refused to act to help the son get on his feet and move out.
Hello, ****. It seems there are concerns about the oldest son staying with the principal and the resulting financial strain on the estate. Here are some points you might include in your petitions:
- **Petition for Accounting and Review**:
- "The attorney-in-fact has neglected their duty to manage the estate effectively, resulting in unnecessary financial strain due to prolonged support of the principal's oldest son."

- **Petition for Removal of Attorney-in-Fact**:
- "The attorney-in-fact has failed to assist the principal's oldest son in achieving financial independence, causing continued depletion of the estate's resources."
Would you like further guidance on any specific aspect of these petitions?
The attorney in fact has not kept the yard up and overgrowth has occured. Teh prinicpla
Hello, ****. Here are some points you might include in your petitions regarding the neglect of yard maintenance:
- **Petition for Accounting and Review**:
- "The attorney-in-fact has failed to maintain the property, resulting in overgrowth and neglect, which negatively impacts the estate's value."
- **Petition for Removal of Attorney-in-Fact**:
- "The attorney-in-fact's neglect of property maintenance has led to overgrowth and decreased the estate’s value, demonstrating a lack of proper management."
Would you like more assistance with these petitions or any other legal information?
the attorney in fact has teenagers who could have provided assistance with yard maintenance just like the attorney-in-fact did for his grandmother at the guidane of his father
Hello, ****. Here are some points you might include in your petitions regarding the potential assistance with yard maintenance:
- **Petition for Accounting and Review**:
- "The attorney-in-fact has failed to utilize available resources, such as assistance from their own teenagers, to maintain the property, resulting in neglect and overgrowth."
- **Petition for Removal of Attorney-in-Fact**:
- "The attorney-in-fact's failure to engage available resources for property upkeep demonstrates a lack of effective management and contributes to the estate's decline in value."
Would you like more assistance with these petitions or any other legal information?
has failed to look for and help apply for public assistance for things such as water bill, heat bill, meals on wheels, transportation, weatherization of the house and has not avaiald themselves of programs to do things such as replace the very ineffecient windows.
Hello, ****. Here are some points to include in your petitions regarding the failure to seek public assistance:
- **Petition for Accounting and Review**:
- "The attorney-in-fact has neglected to seek public assistance programs, resulting in unnecessary financial strain on the estate."
- **Petition for Removal of Attorney-in-Fact**:
- "The attorney-in-fact's failure to apply for available public assistance programs demonstrates inadequate management and contributes to the unnecessary depletion of the estate's resources."
Would you like further assistance with any part of this process?
can you find me samples of the petition for accounting and review in Greenville county, sc
Hello, ****. While I can't provide specific samples of petitions, I can guide you on where to look:
- **Greenville County Probate Court**: Contact them for sample petitions or guidance.
- **South Carolina Judicial Department**: Check their website for forms and resources.
Would you like contact information for the Greenville County Probate Court?
In the prayer of the petition for accounting and review do I ask the court to require all fees be paid by the attorney in fact and that he be found to have not maintained his fiduciary responsibilities to the principal and he be reqired to fully reimburse the estate for the 14 years of negligence.
Hello, ****. Yes, in the prayer of the petition for accounting and review, you can request the court to:
- Require the attorney-in-fact to pay all fees.
- Find that the attorney-in-fact has not maintained fiduciary responsibilities.
- Require full reimbursement to the estate for the 14 years of negligence.
Would you like more assistance with drafting the prayer section?
Can the prayer request that neither the attorney in fact nor the substitionary attorney in fact be permitted to inherit the funds being reimbursed to the estate?
Hello, ****.
In your petition, you can request that the attorney-in-fact and any substitutionary attorney-in-fact be barred from inheriting the reimbursed funds. It's important to clearly state your reasons for this request based on their actions and fiduciary breaches.
Would you like specific language to include in this request?
yes
Hello, ****. Here is some specific language to consider including in your prayer request:
- "I request that the court bar the attorney-in-fact and any substitutionary attorney-in-fact from inheriting the funds reimbursed to the estate due to their breaches of fiduciary duty and mismanagement."
- "The attorney-in-fact's actions have resulted in significant financial harm, and to prevent further unjust enrichment, they should be prohibited from benefiting from the reimbursement."
Would you like more assistance with any other part of your petition or any additional legal information?
Do I need to plead that any statement in the durable power of attorney which gives the attorney in fact the right to do anything, the law which states the fiduciary must actively manage the estate to prevent wasting supersedes the durable power of attorney because powers of attorney are void if they violate the law
Hello, ****. Yes, it's important to address this in your petition. You can include language such as:
- "Any provision in the durable power of attorney granting the attorney-in-fact unrestricted authority is superseded by the fiduciary duty to actively manage the estate to prevent waste."
- "Powers of attorney are void if they violate fiduciary responsibilities mandated by law."
Would you like more assistance with drafting your petition or any other legal information?
Yes, please draft a sample petition for accounting and review that includes all of the pointes we have discussed
Certainly! Here is a sample petition for accounting and review that includes the points we have discussed:
---
**STATE OF SOUTH CAROLINA**
**COUNTY OF GREENVILLE**
**IN THE PROBATE COURT**
**IN THE MATTER OF:**
[Principal's Name]
[Principal's Address]
**PETITION FOR ACCOUNTING AND REVIEW**
**Petitioner:**
[Your Name]
[Your Address]
**Respondent:**
[Attorney-in-Fact's Name]
[Attorney-in-Fact's Address]
**COMES NOW,** [Your Name], Petitioner, and respectfully submits this Petition for Accounting and Review of the actions of [Attorney-in-Fact's Name], the Attorney-in-Fact for [Principal's Name], and in support thereof states as follows:
*. **Relationship to Principal:**
Petitioner is [Your Relationship to Principal].
*. **Fiduciary Duty:**
The Attorney-in-Fact holds a fiduciary duty to manage the estate with utmost loyalty and care, ensuring no waste or mismanagement occurs. The principal's interests must be prioritized, and all actions taken by the Attorney-in-Fact should reflect this duty.
*. **Neglect of Duty:**
The Attorney
Please complete the petition using all of the points we have discussed including the duties of the fiduciary and the areas where the fiduciary has not acted
Certainly! Here is a completed sample petition for accounting and review:
---
**STATE OF SOUTH CAROLINA**
**COUNTY OF GREENVILLE**
**IN THE PROBATE COURT**
**IN THE MATTER OF:**
[Principal's Name]
[Principal's Address]
**PETITION FOR ACCOUNTING AND REVIEW**
**Petitioner:**
[Your Name]
[Your Address]
**Respondent:**
[Attorney-in-Fact's Name]
[Attorney-in-Fact's Address]
**COMES NOW,** [Your Name], Petitioner, and respectfully submits this Petition for Accounting and Review of the actions of [Attorney-in-Fact's Name], the Attorney-in-Fact for [Principal's Name], and in support thereof states as follows:
*. **Relationship to Principal:**
Petitioner is [Your Relationship to Principal].
*. **Fiduciary Duty:**
The Attorney-in-Fact holds a fiduciary duty to manage the estate with utmost loyalty and care, ensuring no waste or mismanagement occurs. The principal's interests must be prioritized, and all actions taken by the Attorney-in-Fact should reflect this duty.
*. **Neglect of Duty:**
The Attorney-in-Fact has failed in