Shooting on private property with covenants.

[Prometheus]

I'm looking at a new home out in Porter County. It's unincorporated so no city ordinances to worry about. Lots in this 'subdivision' are several acres each plenty of room to set up a nice little berm and do safely.

There is no HOA but there are some covenant restrictions. It's not crazy in depth most relate to the size and type of homes, materials to be used in construction and what not, but a few things suck.

Under the no livestock section they include poultry for example. Heck in Portage you can have a handful of chickens in any backyard. In any case, that's not a deal breaker.

The two that relate to shooting would be:

-No Hunting. No Lot Owner shall hunt, trap or engage in any activity related thereto, nor permit or allow others to do so, on any Lot, easement, or upon or from the road in the subdivision.

I don't hunt, so it would be a self defense activity IMO.

-Nuisances. Nothing shall be done or maintained on any Lot which may be or become a nuisance to the neighborhood. Each Lot Owner shall abate or remove any nuisance immediately.

That's pretty vague. Considering I'd only be shooting during normal daylight hours county nuisance ordinances wouldn't be an issue. I could also do some suppressor work. I'm not out shooting every day and I could take 'heavy' work elsewhere so as not to be inconsiderate to the neighbors but I'd like to explore my options.

Anyone have any legal experience with this type of situation?

 

[lonehoosier]

I would run away from that. Once those get started it will only get worse.

 

[GunnerDan]

^^^^^ YEP ^^^^^

Gunner

 

[cedartop]

I don't know what a covenant is (I thought it was a group of witches or something), but it sounds pretty liberty unfriendly. Some of the neighbors near my range at my parents house think I am a nuisance. They have called the police on me before. It worked out okay as the two officers who showed up are now students.

 

[Booya]

If an HOA forms, get on it or get out! My HOA has turned in to good ol' club ove 70somethings that control the covenants. If they're not interested in talking they'll just ignore you. The rest of the (quite small) neighborhood just doesn't want to be involved or "rock the boat". My HOA cost me FFL and all but killed my business. I'm not allowed to run an online company from my home due to covenants stating each house is for residence only and not business'. All the while, google maps clearly brings up 3 business's in my addition. One of which (wait for it.....) is hired to do work for the HOA each year.

once I move, I'll never move in another addition or HOA type neighborhood.

 

[churchmouse]

The two you mentioned have you stopped cold from the get go. Hunting...shooting. Easy to see how this can be used to keep you from shooting.

A sub division is not a place that would accept what you are planning. Leave this one alone and find some property that you make the rules on.

 

[VERT]

I can speak from experience here, a "private" range anywhere is going to make people mad. I have even seen brothers who own houses on the same family farm go after each other for one of them wanting to shoot. I have also seen safe shooting berms that were not within hundreds of yards of any houses garner complaints. I have seen people buy a house next to a conservation club and then work to have the club closed. In today's society if a person does anything that another does not like then you are causing them harm.

 

[hornadylnl]

Noise is a weapon.

 

[Tinner666]

Keep looking. We really wanted a nice place once that had similar wording and the area was mainly agricultural. Run like the devil!

"It's unincorporated so no city ordinances to worry about." Look for similar acreage zoned agricultural, unless you want your life ruled by a czar that couldn't make it in the real world, has ego issues and wants to run roughshod over you.

"
-Nuisances. Nothing shall be done or maintained on any Lot which may be or become a nuisance to the neighborhood. Each Lot Owner shall abate or remove any nuisance immediately." That can be the color you select for your doghouse or garage. Rust on your lawn equipment? That's the up to the Czar to decide.
Try freedom insead. You'll save money on the cost of the land too.

 

[1911Shooter]

My fear wouldn't be about if you can right now, it would be about what your neighbors do if you do it. They will probably form a hoa and not allow you to speak your concerns. Then everything you do will create a new rule making what you've done wrong. I live in an hoa now and although its lax on everything people still think they can control you. I had a neighbor go to the hoa cause I OCed in our park, while on a walk with the family. I wouldn't get involve. I would look for a property that suits your needs and wants better without an hoa.

 

[Prometheus]

My biggest issue is finding a newer house that is also big enough for us on rural land. Not to mention commuting issues of going too far out into the boondocks.

This was looking like a good option. Newer house, large enough and just enough land to make work for a small range as the land directly behind it is wooded as a secondary bonus.

Sucks, now isn't the time to be building and that's looking like my only option right now.

 

[Prometheus]

My fear wouldn't be about if you can right now, it would be about what your neighbors do if you do it. They will probably form a hoa and not allow you to speak your concerns. Then everything you do will create a new rule making what you've done wrong. I live in an hoa now and although its lax on everything people still think they can control you. I had a neighbor go to the hoa cause I OCed in our park, while on a walk with the family. I wouldn't get involve. I would look for a property that suits your needs and wants better without an hoa.

I hate HOA's. I will never move into a place with one.

That is a good point, they theoretically could form an HOA.

I'm pretty sure the guy who lives there now occasionally shoots or did shoot in his back yard. Of course going out back with a 5 shot snubby from time to time isn't the same thing I'd be doing with pistol drills.

 

[hornadylnl]

I hate HOA's. I will never move into a place with one.

That is a good point, they theoretically could form an HOA.

I'm pretty sure the guy who lives there now occasionally shoots or did shoot in his back yard. Of course going out back with a 5 shot snubby from time to time isn't the same thing I'd be doing with pistol drills.

Would you complain if your neighbor had a car on blocks in his front yard?

 

[Win52C]

Not to rain on the parade but those are pretty standard covenants in any subdivision...whether the lot owners are aware of them or not. Even if there is no HOA. If the land is a platted subdivision, the plat will, lots of times, have them right on it or if it's multi page then they are usually listed on the 1st page. They are designed to keep people from junking up the place, with old cars, chickens, noise, what have you..and are usually required by the county where the subdivision is located before they will approve it. In other words. If the developer of the property wants to move forward, subdivide, sell lot and make money, they have too do what the county asks for to get approved. Hope it helps.

 

[Cameramonkey]

Yep. Run away. Hunting is related to shooting. Even if you can show you are shooting EXCLUSIVELY firearms that arent used for hunting (even ones that are allowed in other states) you will still get caught up by the "Nuisance" clause. An annoying neighbor that is a pyro and likes to shoot off fireworks will be seen as on-par with your range. Both are annoying (to non shooters) and equally as loud.

Go build somewhere.

 

[Prometheus]

Would you complain if your neighbor had a car on blocks in his front yard?

You mean would I send men with guns to kill him or lock him in a cage because he had a car on blocks in his front yard?

No I wouldn't.

 

[hornadylnl]

You mean would I send men with guns to kill him or lock him in a cage because he had a car on blocks in his front yard?

No I wouldn't.

Good, but would you use the force of the covenant to make him remove it? Would your neighbors use the covenant to force you to remove your car? You think they wouldn't use the covenant to make you quit shooting?

 

[KLB]

Lucky for you there is a lot of land for sale in Porter County that would fit what you want. There is a lot by Lake Eliza for instance, where you could shoot to your hearts content.

 

[Lunati]

I ran into the same issue buying my first house. Wanted rural land to shoot on and enjoy the country however you get little to no house compared living closer town. I ultimately choose the house since the range is only 3 mins away

 

[spec4]

Get property zoned ag that you can build on.