5.5 Deed Restrictions

Deed Restrictions

Deed restrictions are limitations imposed on a property’s use by a stipulation in the deed or a recorded subdivision plat. They may apply to a single property or to an entire subdivision, and often take precedence over zoning ordinances if more restrictive.

• Land use (e.g., residential only)
• Size and type of structures
• Minimum cost requirements
• Setbacks, engineering, architectural, or aesthetic standards

Deed restrictions can be:

• Conditions: Created only at transfer of ownership; violation can lead to forfeiture of ownership.
• Covenants: Created by mutual agreement; violation can result in court injunctions or damages.

Restrictions are enforced by courts and may be established by developers or private parties to maintain quality and standards.

Check-In Questions

• What is a common purpose of a deed restriction?
  To limit property taxes
  To control land use and standards in a subdivision
  To grant mineral rights
  To allow public access
  Show Answer

  Correct Answer: To control land use and standards in a subdivision
  Deed restrictions help maintain quality and uniformity.
• What happens if a condition in a deed restriction is violated?
  The owner may have to forfeit ownership
  Nothing happens
  The city will rezone the property
  The property is automatically sold
  Show Answer

  Correct Answer: The owner may have to forfeit ownership
  A violated condition can force the owner to give up the property.