Definition
A deed restriction is a clause that can be included in the deed for a property, designed to impose specific limitations or obligations on how the property can be used. These restrictions are typically added by the seller to preserve the value of the property or to ensure that it conforms to specific community standards or rules. These restrictions remain binding for future owners until they expire or are removed legally.
Examples
- Alcoholic Beverages Restriction:
- A deed might specify that no alcoholic beverages can be sold on the property for a period of 20 years.
- Use Restrictions in Houston:
- Houston, Texas, notably does not have zoning laws. However, the city enforces deed restrictions laid out in subdivision regulations to manage land use.
- Architectural Design:
- A deed might require that any buildings constructed on the property adhere to specific architectural standards to maintain neighborhood aesthetics.
Frequently Asked Questions (FAQs)
What is a deed restriction?
A deed restriction is a legally binding clause in a property deed that imposes specific limitations on how the property can be used.
Who can impose a deed restriction?
Typically, the seller or original developer of the property can insert a deed restriction as part of the sale conditions.
Can deed restrictions be removed?
Yes, deed restrictions can be removed, but it usually requires legal action, such as seeking a court order or obtaining consent from all parties subject to the restriction.
How long do deed restrictions last?
The duration of deed restrictions can vary. They may be set for a specific period or perpetually, depending on the terms outlined in the deed.
Are there any limitations to deed restrictions?
Yes, deed restrictions cannot violate federal or state laws or infringe on constitutionally protected rights. They must also be reasonable, enforceable, and clearly described.
Related Terms
Covenants
Covenants are similar to deed restrictions, often implemented to maintain certain standards within a community. These legal agreements can dictate building standards, usage, and property maintenance requirements.
Zoning
Zoning refers to municipal or local government regulations that dictate how land within certain areas can be used. Unlike deed restrictions, zoning is imposed by public authorities rather than private parties.
Subdivision Regulations
Subdivision regulations are rules set by local authorities or developers concerning the development and use of parcels within a larger area, often detailing infrastructure, layout, and land use.
Metropolitan Statistical Area (MSA)
An MSA is a region that includes a core city with significant population density and economically linked surrounding areas. These designations help in planning and allocating resources.
Online Resources
References
- Realty Times. (2019). “Understanding Deed Restrictions.”
- The Balance. (2021). “what is a deed restriction.”
- FindLaw. (2022). “Deed Restrictions and Restrictive Covenants: What You Need to Know.”
Suggested Books for Further Studies
- “The Complete Real Estate Encyclopedia” by Denise L. Evans, JD, and O. William Evans: This book provides comprehensive information on real estate terminology, including deed restrictions.
- “Real Estate Law” by Marianne M. Jennings: A detailed guide on real estate laws and policies, including covenants and deed restrictions.
- “Property Law: Rules, Policies, and Practices” by Joseph William Singer: A robust legal text covering various aspects of property law, including deed limitations and zoning regulations.
