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.
Rules That Run With the Land
Choose the best answer for each question, then select Check Answers.
What is a common purpose of a deed restriction?
Deed restrictions help maintain quality and uniformity.
What happens if a condition in a deed restriction is violated?
A violated condition can force the owner to give up the property.
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