What are Deed Restrictions?
Deed restrictions are written agreements that restrict, or limit, the use or activities that may take place on property in a subdivision. These restrictions appear in the real property records of the county in which the property is located. They are private agreements and are binding upon every owner in a subdivision. All future owners become a party to these agreements when they purchase property in deed restricted areas.
Deed restrictions are terms and conditions that are part of the deed to your property, and place limitations on how you may use your property. When this area was originally platted as a subdivision the developer created this set of terms and conditions that applied to each and every purchaser of property, whether the property was bought by a builder, another developer or homeowner. Each subsequent purchaser of that property also bought the property “subject to restrictions of record”. Why have Deed Restrictions? Deed restrictions are for your benefit. They establish certain rules that must be followed by everyone within a given subdivision. Not only do deed restrictions prohibit parking boats and trailers on a driveway, as an example, they also require that all houses be no less than 2,000 square feet, for two story houses. Deed restrictions are designed to preserve the character, and hence value, of a neighborhood. Who may enforce the restrictions? Deed restrictions are contracts betw
Real estate deed restrictions are restrictions on the deed that place limitations on the use of the property. Restrictive covenants are an example of deed restrictions. Deed restrictions are usually initiated by the developers – those who determined what the land would be used for, divided the land into plots, and built homes, office buildings, or retail buildings on it. Deed restrictions come with the property and usually can’t be changed or removed by subsequent owners. Deed restrictions such as restrictive covenants are often put in place to maintain a desired look in a neighborhood. To that end, deed restrictions may prevent owners from building more than a pre-established number of homes on one lot. Deed restrictions can also specify what materials or style a building may or may not be constructed of, and how close to the street it can be. Deed restrictions can even specify the minimum size that a house on the lot may be! Deed restrictions govern more than just the construction of
They are a set of rules and regulations about the use of the land. They are not something legislated by Government nor by the local planning authority, although before they are attached to the land they may have to be approved by a government agency. Deed Restrictions “run with the title to the land” which means that they are a part of your rights and a part of your obligations when you own a property that has them. Here is an example of a local subdivision with Deed Restrictions, and what they are intended to do. Palmero Point Beach Club is located nine miles north of San Pedro. It was originally a large undivided parcel of land, and was subdivided into residential building lots some years ago. The developers had in mind a subdivision with medium sized lots clustered around large open areas that would be parks or “common areas” for the enjoyment of all owners. They also wanted buyers of these lots to have the assurance that the subdivision would maintain its beauty and its value. They
