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The person conveying or selling land, known as the granter, creates deed restrictions by placing them in the deed to the buyer, or grantee. Any restriction that is not illegal can be placed in the deed. For example, a granter who lives on 100 acres decides to sell 20 acres.
Deed restrictions are written agreements that restrict, or limit, the use or activities that may take place on property in a subdivision. These restrictions appear in the real property records of the county in which the property is located. They are private agreements and are binding upon every owner in a subdivision.
A deed-restricted community is a neighborhood with a governing homeowner association (HOA) that enforces certain rules and regulations regarding the look of a neighborhood, as well as property uses.
For example, if someone lived in a freehold estate, they could choose to paint their home green, if they wanted. However, homeowners, who live in a deed restricted house, would be subjected to covenants, conditions, and restrictions (CCR.)
Deed restrictions, often called restrictive covenants” (especially in the context of homeowners associations), are contained in a deed and limit how a piece of real estate can be used, and what can be built on it. Most often, developers include restrictions not covered by community zoning regulations.
Deed restrictions also are referred to as covenants, conditions, and restriction (CCR's), or sometimes restrictive covenants.
Deed Restrictions are Indefinite In most cases, deed restrictions last forever. Any deed restriction from a prior granter, no matter how many years ago, remains with the land and each subsequent grantee is bound by it. This is true even if the current deed does not reference the deed restriction.
If you wish to apply for a cancellation of a restriction which is no longer required, then the form RX3 needs to be completed. Those that are benefiting from the restriction want to withdraw it can apply by filling in an RX4. With both of these no fees are payable to Land Registry.
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