How to Find Out If a Property Has Deed Restrictions

Unveiling the secrets hidden within a property’s past is crucial before you sign on the dotted line. Deed restrictions, those often-overlooked clauses in a property’s history, can significantly impact how you use and enjoy your land.

The most direct and reliable way to find out if a property has deed restrictions is to conduct a thorough title search. This typically involves engaging a title company or a real estate attorney who specializes in property law. They will delve into the property’s records at the local county recorder’s office or land registry. These records contain all documented transactions and legal encumbrances associated with the property, including any recorded covenants, conditions, and restrictions (CC&Rs). While some information may be accessible online through county websites, a professional title search provides a comprehensive and verified report. In addition to a title search, you can also request a copy of the property’s deed, which may contain or reference existing restrictions.

Understanding Deed Restrictions: The Cornerstone of Property Rights

Deed restrictions, also known as restrictive covenants, are private agreements that limit how a property can be used. These restrictions “run with the land,” meaning they bind all future owners, not just the original parties who established them. They’re designed to maintain property values, preserve neighborhood aesthetics, or control development within a specific area. Understanding these restrictions is paramount before purchasing or developing a property, as they can significantly affect your plans. Imagine wanting to build a garage, only to find out a deed restriction prevents any structure beyond the original footprint of the house!

Unveiling the Sources: Where to Look for Deed Restrictions

Finding these hidden clauses requires a bit of detective work, but the payoff is a clear understanding of your property rights. Here are the primary sources to investigate:

Title Search: The Gold Standard

As mentioned earlier, a title search is the most reliable method. Title companies and real estate attorneys are equipped to navigate the complex world of property records. They’ll examine past deeds, mortgages, liens, and other documents that could reveal any existing restrictions. The cost of a title search can vary, but the peace of mind it provides is often well worth the investment.

County Recorder’s Office/Land Registry: The Public Record

This is the repository of all official property documents. While physically visiting the office and sifting through records is an option, many counties now offer online access to their databases. Searchable by property address or owner name, these online portals can provide access to scanned copies of deeds and other recorded documents. Be prepared to spend some time and learn the nuances of the search functions.

Property Deed: The Starting Point

The current property deed itself might contain the actual restrictions or reference a separate document where they are listed. Look for phrases like “subject to restrictions,” “covenants running with the land,” or references to a specific plat or subdivision. Even if the deed doesn’t spell out the restrictions in detail, it should point you in the right direction.

Homeowners Association (HOA): The Neighborhood Watchdog

If the property is part of a homeowners association, the HOA documents are a vital resource. HOAs often enforce deed restrictions and have copies of the CC&Rs. Contact the HOA management company or board members to request a copy of these documents.

Seller Disclosure: The Honorable Mention

In many jurisdictions, sellers are legally obligated to disclose known deed restrictions to potential buyers. Review the seller’s disclosure carefully for any mention of restrictions affecting the property. However, relying solely on the seller’s disclosure is not advisable; conduct your own independent investigation.

Deciphering the Language: Understanding What You Find

Deed restrictions can be written in legal jargon that can be difficult to understand. Look for common themes:

• Building Restrictions: These limit the size, type, or location of structures on the property. They might specify minimum square footage, setback requirements, or restrictions on the types of materials that can be used.
• Use Restrictions: These dictate how the property can be used. They might prohibit certain businesses from operating, restrict the number of animals allowed, or prevent the construction of accessory dwelling units (ADUs).
• Architectural Restrictions: These regulate the appearance of the property. They might specify paint colors, landscaping requirements, or restrictions on the types of fences allowed.

If you’re unsure about the meaning of a particular restriction, consult with a real estate attorney. They can interpret the language and advise you on its implications.

FAQs: Unlocking the Secrets of Deed Restrictions

Here are some frequently asked questions about deed restrictions, providing further clarity and practical advice:

1. What happens if I violate a deed restriction?

Violating a deed restriction can lead to legal action. The HOA, neighboring property owners, or even the original grantor of the restriction can sue to enforce it. Potential consequences include fines, injunctions (court orders to stop the violation), and even the removal of offending structures.

2. Can deed restrictions be removed or changed?

Yes, but it’s not always easy. The process for removing or changing a deed restriction depends on the specific language of the restriction and the laws of the jurisdiction. Common methods include obtaining the consent of all affected property owners, filing a lawsuit to challenge the restriction’s validity, or seeking a variance from the HOA.

3. How long do deed restrictions last?

The duration of deed restrictions varies. Some are perpetual, meaning they last indefinitely. Others have a specific expiration date or are subject to renewal. Review the language of the restriction to determine its duration.

4. Are all deed restrictions enforceable?

Not necessarily. A court may refuse to enforce a deed restriction if it is illegal, discriminatory, violates public policy, or is no longer relevant due to changed circumstances in the neighborhood.

5. What is the difference between deed restrictions and zoning regulations?

Deed restrictions are private agreements, while zoning regulations are government-imposed rules. Deed restrictions can be more restrictive than zoning regulations, but they cannot violate them. Zoning regulations take precedence over deed restrictions.

6. How do I find out who enforces the deed restrictions?

The enforcing party is usually specified in the deed restrictions themselves. It could be the HOA, a specific individual, or the original grantor of the restriction. If it’s not clear, a title search or consultation with a real estate attorney can help.

7. What are “CC&Rs”?

CC&Rs stand for Covenants, Conditions, and Restrictions. They are a common type of deed restriction, particularly in planned communities and subdivisions. They outline the rules and regulations governing the use and appearance of properties within the community.

8. Can I waive a deed restriction if my neighbor agrees?

While your neighbor’s agreement might be helpful, it’s not always sufficient to waive a deed restriction. The restriction may be enforceable by others besides your immediate neighbor, such as the HOA or other property owners in the community. A formal amendment to the deed restriction, properly recorded, is usually required for a legally binding waiver.

9. What if the deed restrictions are unclear or ambiguous?

If the language of a deed restriction is unclear or ambiguous, a court may need to interpret its meaning. The court will consider the intent of the original grantor, the surrounding circumstances, and the overall purpose of the restriction. Consulting with a real estate attorney is highly recommended in such cases.

10. Should I hire an attorney before buying property with deed restrictions?

It is highly advisable to consult with a real estate attorney before purchasing property subject to deed restrictions. An attorney can review the restrictions, explain their implications, and advise you on your rights and obligations. This is especially important if you have specific plans for the property that may be affected by the restrictions.

11. What if I can’t find any record of deed restrictions?

Just because you can’t find any record of deed restrictions doesn’t necessarily mean they don’t exist. Records may be incomplete or poorly indexed, especially for older properties. A thorough title search by a qualified professional is still recommended to ensure you have a complete understanding of the property’s history.

12. Are there any potential downsides to buying property with deed restrictions?

While deed restrictions can help maintain property values and neighborhood aesthetics, they can also limit your freedom to use and develop the property as you wish. Carefully consider whether the restrictions align with your plans and lifestyle before making a purchase. Properties with very restrictive covenants might be harder to sell in the future, as they limit the pool of potential buyers.

By understanding deed restrictions and taking the necessary steps to uncover them, you can make informed decisions about your property investments. Remember, knowledge is power when it comes to navigating the complex world of real estate!