Deed Restrictions: Meaning And Examples

Law Blog

If you are in the market for a real estate property, ensure you don't close any deal before researching the deed restrictions (restrictive covenants). Otherwise, you might buy your property only to find that you can't use it as you had intended.

Deed Restrictions Explained

Deed restrictions are legally-binding regulations that determine how a piece of real estate can be used and the nature of properties one can construct on a piece of land. Developers or homeowners typically come up with these deed restrictions that, in addition to community zoning regulations, help them maintain certain standards in the neighborhood.

Here are a few features of deed restrictions to help you understand them better:

  • Deed restrictions are different from HOA (homeowners association) rules; HOAs can change their rules but not need restrictions.
  • A judicial ruling is typically required to change a deed restriction.
  • Deed restrictions run with the land and anyone who buys the land assumes the deed restrictions.
  • You will unearth the deed restrictions during the property's title search.

Deed restrictions can greatly limit your use of real estate property. Below are some of the common restrictions you might meet:

  • The number of car garages you can have on the property.
  • The type of fences you can put up.
  • The number of detached structures you can have on the lot.
  • The nature of home businesses you can run from your house.
  • The number of bedrooms your house can have.
  • The types of animals you can have on the property.
  • The number of mature trees you can remove from the property.

The above are just a few examples of restrictions; there is a multitude of other restrictions that can be attached to a property.

Changing Deed Restrictions

If you are feeling particularly restricted by some deed restrictions, you may be able to have them changed or revoked. For example, some local governments allow you to change deed restrictions if you can get permission from your neighbors. Some deed restrictions also come with expiry dates, and you don't have to adhere to the restrictions if the deadline has expired. A local judge can also help you revoke a restriction if it is unfair, illegal, or vague.

Don't just go against deed restrictions of your own accord; doing that can easily land you in legal problems. Consult a real estate attorney if you are having problems with deed restrictions. The lawyer can use their skill and experience to help you figure out the best way to deal with the restrictions.


11 February 2020

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.