Deed restrictions: What to know about deed-restricted property

When it comes to purchasing a home or vacant land for future development, understanding deed restrictions is paramount. These regulations can significantly influence how you use the property, what you can build on it, and even dictate specific activities you’re allowed to engage in while on the premises. In this guide, we’ll delve into the ins and outs of deed restrictions, how to uncover them, and what to do if you’re faced with one.

Unearthing Deed Restrictions: Your Roadmap

1. Consult Your Real Estate Agent Your real estate agent can be a valuable resource in uncovering any potential deed restrictions associated with a property. With access to property records and previous listings, they can shed light on any existing limitations.
2. Engage with Builders or Developers If you’re eyeing a property within a planned community, the builder or developer likely holds pertinent information about deed restrictions. They can provide insights into what is allowed within the community.
3. Local Clerk’s Office: A Goldmine of Information The county or municipal clerk’s office can offer historical property records, revealing any restrictions tied to the land. Many clerks even provide online access to public property records, making research more accessible. Additionally, the local planning department may also hold relevant information.
4. Leverage Your Title Company During a title search, deed restrictions may surface. While not all title companies automatically disclose them, you can request a specific search for these restrictions to ensure comprehensive due diligence.
5. Connect with Your HOA Board If your property falls under a homeowners’ association (HOA), it’s highly likely to be part of a deed-restricted community. Reach out to the HOA to gather information on any deed restrictions that pertain to your property.

Deed Restrictions vs. HOA Rules: What Sets Them Apart?

While both deed restrictions and HOA rules influence property use, they have key distinctions. Deed restrictions are tied to the land itself and tend to be more enduring, potentially requiring legal proceedings for modification. Conversely, HOA rules pertain to the property’s location within a specific community and can be altered through a board vote. It’s important to remember that a property may be subject to both deed restrictions and HOA rules simultaneously.

Common Types of Deed Restrictions

1. Structure and Foliage Height
2. Size of the Home
3. Vehicles on the Property
4. Fences
5. Animals
6. Structures and Installations
7. Property Use
8. Colors and Materials

Navigating Change: Can Deed Restrictions Be Modified or Removed?

While deed restrictions are more resistant to change than HOA rules, it’s not an insurmountable challenge. If you’re keen on altering a deed restriction, follow these steps:

1. Acquire the Covenant Detailing the Deed Restriction
2. Thoroughly Review the Covenant for Pertinent Details
3. Engage with the Governing Body or Relevant Parties
4. Obtain Consent for Release from Agreement
5. Consider Legal Proceedings if Applicable

Conclusion: Empowering Homebuyers to Make Informed Decisions

Understanding and addressing deed restrictions is crucial when embarking on the journey to homeownership. These regulations can significantly impact your options and freedoms on a property. If you find yourself facing a stubborn deed restriction, careful consideration of your preferences and needs is essential. Ultimately, being armed with knowledge empowers you to make the best decision for your future home.