Category: Deed Restrictions

Doing Good Deeds Virginia has had enough. Starting in 2020, its lawmakers barred the recording of deeds with restrictive covenants that offend the Virginia Fair Housing Law. Virginia also supplied a way for owners to formally delete these restrictions from existing deeds.  Virginia has followed the lead of other states, such as Washington, that help property…

Dealing With a Picky Deed Restriction A recent news report on The Villages, a well-known retirement community that spans three Florida counties, discusses a resident who moved back up to Wisconsin after the death of her spouse. The focus of the news column? Her decision to sell her patio villa before correcting a violation of…

As a traditional rule of law, other people shouldn’t be able to restrict our enjoyment and use of our property. This is why the rule against perpetuities prevented people from using deeds to control their properties after their deaths. According to this traditional rule, future generations should not have to live with contingencies placed on…

Buying a home is a major challenge for a large segment of our population, and many people can’t afford homes near the workplaces that need them. With the travel and hospitality sectors reopening for business, the problem is growing more obvious. There’s a home affordability crisis calling for remedies. Where there’s a will, there’s a…

Imagine the shock of reading your deed carefully and finding this rule: “This property shall not be resold, leased, rented or occupied except to or by persons of the Aryan race.” The Seattle-based Windermere Real Estate company doesn’t want to put up with such findings any more. This year, it’s working with its clients to use Washington state…