What are Deed Restrictions?

Most properties are owned fee simple, a legal term used in real estate that means full and irrevocable ownership of land and any buildings on that land. This is the highest form of ownership—there are no limitations or restrictions other than local zoning ordinances.

A deed restriction means that, in addition to the standard state and local guidelines, the property has additional limitations of use. Deed restrictions can come in many forms, but the most common are restrictive covenants. Restrictions will vary from community to community, but they might include house limitations, minimum lot size, transfer of water/mineral rights, restrictions on future development, etc. Deed restrictions are often used to protect the value of neighboring properties by limiting the activities that can take place on the restricted property.

Deed restrictions are created when the owner of a piece of property agrees to sell, lease, or donate the property to another party with the condition that the property will only be used for specified purposes. The deed restriction is then recorded in the county clerk’s office to become part of the property’s title.

Private deed restrictions and zoning both define how property can be used. The method of enforcement is where they differ. In a subdivision, you more than likely have a HOA. The government does not enforce these private deed restrictions, but it does impose and enforce zoning, which is also subject to public hearing and legal notice requirements.

If you’re buying a home or vacant land on which you plan to build, then deed restrictions should be on your radar. To uncover any possible deed restrictions on a property or lot, try reaching out to one of the following:

• Your real estate agent
• Ask a title company to do a search.
• Talk with the head of the HOA.
• Speak with someone from your local government.

To remove deed restrictions, you’ll need to get consent from the governing body that set them or from the other parties involved in the restriction. Removing them may involve filing paperwork with the county clerk or presenting it to a judge.