Be it home buying or home selling, you have to carry out many different formalities for the transfer of ownership. And this may include a lot of paperwork, visits to the court, and other legal formalities. If you are thinking of buying a house or a plot for building property, along with all these formalities, you also need to think of obtaining and going through an agreement known as a deed restriction.
What are Deed Restrictions?
These are written documents which relate to the conditions of using the property. These restrictions can include anything that is not supposed to be done using the property or to the property itself. A good example of a deed restriction is a restrictive covenant. The conditions mentioned in a deed restriction can differ based on the builder of the property, the type of real estate, and the location. For example; a developer may put restrictions in the deed regarding the number of floors in one building, what material should be used for the construction, the building's distance from the street, and business carried out from the premises.
Developers may even mention the materials that are to be used in making fences around the house, how many or what kind of pets can be allowed in the house, if surrounding trees can be cut, certain conditions of gardening and landscaping, etc. Similarly, there can be many such restrictions mentioned in the deed. Remember that the conditions remain with the property and are to be followed by all property owners.
Who Carries Out Deed Restrictions Enforcement?
In case of land with subdivisions, the builder or developer initiates the restrictions on the property. After he prepares the restrictions, he then files them at the county office for them to be operational on subsequent property owners. However, the entity who prepares the restrictions should keep in mind the comfort of the homeowners. Generally, the homeowners' association is responsible for supervising if people follow the obligations properly. However, in order to oversee the deed restrictions, there is no formal authority as such.
Who Should Follow Deed Restrictions?
Deed restrictions are to be followed by all subsequent owners of the property or the real estate. It you are thinking of home buying, it is very necessary to obtain a copy of the deed restriction from the seller or the realtor. You may find some deeds overly restrictive which would reduce the quality of living.
You also have the option of obtaining the deed restriction copy from your respective county's courthouse. When you are buying the property, you have to follow the obligations in the deed; and when you are selling the property, you have to make sure that the property buyer follows it carefully. If the home buyer is thinking about removing deed restrictions, he should get it released from the parties who enforced the deeds initially.
Deed restrictions are written agreements that are drafted for the purpose of maintaining the quality and value of the property. However, the maker of the deed should consider if the living conditions of the real estate would be appropriate after the restrictions are enforced. If you have any doubts, it is recommended that you get in touch with a real estate agent who will explain to you all the details regarding the same.
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