Is a Hurtful Deed Restriction Lurking in Your Deed?

Image of an old, weathered keep out sign made out of wood. Captioned: Is a Hurtful Deed Restriction Lurking in Your Deed?

Restrictive covenants are binding obligations not to do something with your property. These restrictions on real property are normally contained in a deed.

Restrictive covenants originated to keep industry out of residential areas. To this day, homeowners’ associations use deed restrictions in order to make condo owners adhere to established aesthetics or the property’s historical character.

They have also been used as grotesque tools of discrimination.

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What are Deed Restrictions?

For most people, buying a piece of land is a simple proposition: pay the money, file the deed, and the property is yours. Deed restrictions, though, make it clear that the world of real estate transactions is rarely so simple. Simply put, deed restrictions limit what you can and can’t do with your home. A common tool for homeowners associations to maintain uniformity in the neighborhood, deed restrictions can be added by parties such as the builder or developer, the homeowners association, or even a previous owner. Once a deed restriction is put in place, it can be very difficult to have it removed, and in many cases removal may be impossible.

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