Deed Restriction Laws

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What Is a Deed Restriction?

A deed restriction is a type of private agreement restricting the use of real estate. Such restrictions are usually listed within the written deed document relating to the property, and should be noted if the property is to be sold or transferred. A deed restriction can also place limitations on the title to the property, such as when a seller wishes to sell their property according specific conditions. 

What Are Some Common Types of Deed Restrictions?

There can be many different types of deed restrictions, according to the various needs of the seller or owner of the property. Some common types of deed restrictions can include:

Thus deed restrictions can often involve the overall plans or theme for a neighborhood, not just the personal interests of a property owner. As such, the enforcement of deed restrictions can often involve the competing interests of many different parties.

When Are Deed Restrictions Not Enforceable?

Although deed restrictions can often be helpful for numerous parties, there are times when they cannot be enforced. These can include situations where:

When seeking to have a deed restriction enforced, the courts will usually draw upon state and local laws. Thus, enforcement of deed restrictions can vary by region. Legal remedies for a violation of a valid deed restriction may include a monetary damages award or other types of compensation.

Do I Need a Lawyer for Assistance With Deed Restriction Laws?

Deed restrictions can sometimes be necessary in order to properly manage some parcels of land. It may be in your best interests to hire a lawyer if you need assistance with drafting, reviewing, or contesting a deed restriction. An experienced attorney in your area can assist you with these tasks, and can also represent you in court in the event that a lawsuit becomes necessary.

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Last Modified: 11-13-2013 11:06 AM PST

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