Restriction

Overview

A restriction in real estate refers to limitations imposed on the use of property. These restrictions can be legally binding and usually stem from the deed of the property, covenants, local zoning ordinances, easements, liens, or building codes. They are intended to regulate how the property can be used and to maintain order and uniformity in neighborhoods or communities.

Examples

1. Deed Covenants: These are clauses in the deed that set forth specific restrictions, such as prohibiting commercial activities in a residential area.
2. Zoning Ordinance: Local governments pass zoning laws to control land use. These might restrict the types of buildings that can be erected or the purposes property can serve.
3. Easements: Easements grant others the right to use part of the property for specific purposes, such as utilities access, and consequently restrict the property owner’s use of that part of the land.
4. Liens: Liens restrict the sale of the property until the debt secured by the lien is paid off.
5. Building Codes: These are regulations that specify standards for constructed objects such as buildings and non-building structures, ensuring safety and structural integrity.

Frequently Asked Questions

What is the purpose of property restrictions?

The primary purpose of property restrictions is to regulate land use and maintain order within communities. They help ensure property use aligns with community planning and safety codes.

Can restrictions be removed from a property?

Removing a restriction can be complex and often requires legal action. For example, changing a zoning ordinance involves petitioning the local government, while lifting a lien requires settling the underlying debt.

How do I find out if a property has any restrictions?

You can find out about property restrictions by examining the deed, reviewing the local zoning ordinances, and consulting with a real estate attorney or the local municipal office.

What happens if I violate a property restriction?

Violating a property restriction can lead to legal penalties, fines, or even forced compliance. It is crucial to adhere to any and all existing restrictions to avoid such consequences.

Can restrictions affect property value?

Yes, restrictions can improve or reduce property value depending on their nature. For instance, a restriction preventing commercial development in a residential area might preserve property value, whereas overly stringent building codes might deter potential buyers.

Related Terms

• Encumbrance: Any claim or liability attached to a property, such as liens, easements, or restrictions, which might lessen its value or hinder its use.
• Deed Covenant: A legally binding promise written into the deed stipulating certain uses or restrictions for the property.
• Zoning Ordinance: A law that specifies how property in specific geographic zones can be used.
• Easement: A legal right to use another’s land for a specific limited purpose.
• Lien: A legal claim or hold on a property as security for a debt or charge.

Online Resources

• American Planning Association (APA)
  • Website: planning.org
  • A resource for understanding land use planning, zoning ordinances, and community restrictions.
• U.S. Department of Housing and Urban Development (HUD)
  • Website: hud.gov
  • Provides regulations and guidelines related to property restrictions and building codes.
• Legal Information Institute (LII) at Cornell Law School
  • Website: law.cornell.edu
  • Offers comprehensive information on real property law, including easements and liens.

References

• National Association of Realtors. “Real Estate Terminology.”
• American Bar Association. “Guide to Real Estate Law.”
• U.S. Department of Housing and Urban Development, “Property Use and Sustainability.”

Suggested Books for Further Study

1. “A Practical Guide to Zoning and Land Use Law” by David J. Callies, Robert H. Freilich, and Thomas E. Roberts
   • This book provides an understanding of the complexities surrounding zoning and land use planning.
2. “Real Estate Law” by Marianne Jennings
   • Offers detailed explanations on various aspects of real estate, including property restrictions.
3. “Fundamentals of Land Development: A Real-World Guide to Profitable Large-Scale Design and Development” by David E. Johnson
   • Explores different facets of land development and how various restrictions can impact projects.

Real Estate Basics: Restriction Fundamentals Quiz