10 Types of Property Deed Restrictions Every Homebuyer Should Know
As a homebuyer, understanding property deed restrictions is crucial to ensuring you’re fully aware of the legal limitations that may affect your use of the property. Property deed restrictions are legal clauses in the deed to the property that limit what you can and cannot do with your land or property. These restrictions can affect everything from what you can build to how you can use the property, and violating them can lead to legal consequences. Here’s a comprehensive guide to help you understand deed restrictions and how they may impact your property purchase.
What Are Deed Restrictions?
Deed restrictions are legal provisions placed in the property deed that limit or regulate certain activities on the property. These restrictions are typically enforced by the seller, a homeowners’ association (HOA), or a governing body and are intended to maintain a certain standard in the neighborhood or preserve property value. They can apply to everything from how a home is used, to the type of structures you can build, or even the materials you can use for construction.
In real estate, a “deed-restricted property” is one where these limitations are specified, and the property owner must comply with these regulations. Whether you’re buying your first property or your next one, understanding deed restrictions is a key part of the buying process, as they can affect your future use and enjoyment of the property.
10 Common Deed Restrictions Every Homebuyer Should Know
Here are the top 10 property deed restrictions that every homebuyer should be aware of before purchasing a home:
1. Use Restrictions
Some deed restrictions limit how a property can be used. For example, a property might be restricted to residential use only, meaning the homeowner cannot operate a business from the property.
2. Building Height Limitations
These restrictions limit the height of any structure that can be built on the property. They are typically imposed to preserve the neighborhood’s aesthetic appeal or ensure safety.
3. Architectural Controls
Deed restrictions may limit the architectural style or materials that can be used in new construction or home renovations. For example, you might be prohibited from using certain materials or colors for the exterior of your home.
4. Pet Restrictions
Many deed restrictions limit the number or type of pets allowed on the property. This is especially common in communities that want to maintain a quiet or orderly environment.
5. Vehicle Parking
Restrictions on parking, such as prohibiting parking large vehicles like RVs or boats in driveways, are common in many deed-restricted neighborhoods.
6. Landscaping Requirements
Some deed restrictions impose rules about the landscaping and maintenance of the property. This could include the types of plants you can have or requirements for keeping the yard tidy.
7. Home Size Requirements
Certain neighborhoods or developments may require homes to meet a minimum size requirement, ensuring uniformity and property values.
8. Fence and Pool Regulations
There may be restrictions on the height and material of fences or requirements for the construction of swimming pools, including safety measures or design specifications.
9. Environmental Restrictions
Some deed restrictions are designed to preserve the natural environment, such as prohibiting activities that may harm wildlife or restrict certain types of land use to prevent soil erosion or protect waterways.
10. Sale or Rental Restrictions
In some cases, the deed might restrict who can purchase or rent the property, such as limiting sales to certain types of buyers or prohibiting rentals altogether to avoid transient tenants.
How Long Do Deed Restrictions Last?
Deed restrictions typically last for a set period, but they can also last indefinitely, depending on the terms outlined in the deed. In most cases, deed restrictions are enforceable for as long as the property is in use unless they are modified or removed through a legal process.
Some restrictions may expire after a certain number of years, while others could remain in place indefinitely. For example, if a developer includes a deed restriction that mandates homes in a development be a certain size, that restriction may last for 20 years or more. However, these restrictions can sometimes be difficult to remove without approval from all affected parties, such as homeowners in the community or a governing body.
Steps To Changing Deed Restrictions
If you find yourself in a situation where you need to change the deed restrictions on your property, there are several steps you can take:
1. Review the Deed
The first step is to carefully review the original deed and any associated documents to understand the terms of the restrictions. These documents will outline the process for modifying or removing restrictions.
2.Obtain Consent
In many cases, you will need the consent of other property owners in the community or the entity that imposed the restrictions, such as a homeowners’ association or a developer.
3. File a Petition
If necessary, file a formal petition with the appropriate authority (such as the HOA or local government) to request the change.
4. Legal Assistance
Because changing deed restrictions can be a complex process, it may be necessary to consult a real estate attorney to navigate the legal aspects of the change.
5. Formal Amendment
Once all parties have agreed to the change, you will need to file an amendment to the original deed with the local county office to make the change official.
Conclusion
Property deed restrictions can have a significant impact on your ability to use and enjoy your property, so it’s essential to understand them fully before buying. Whether you’re looking to build your dream home or invest in real estate, knowledge of deed restrictions is a valuable tool in ensuring your investment aligns with your long-term goals.
For more information on real estate investing, check out Dwanderful—a platform dedicated to educating and empowering real estate investors. Dwan, the owner of Dwanderful, is also a podcast host and offers a range of resources to help investors navigate the real estate landscape. Dwan offers a free book entitled “Real Estate Lingo“ and a paid book titled “Five Pillars of Real Estate Investing“. Additionally, you can take advantage of their quiz game, where you can discover how to generate six figures in the next six months, whether you’re buying your first property or your next. The quiz takes less than a minute and can provide valuable insights to kickstart your real estate journey. Contact us now!
