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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.

Can deed restrictions be lifted?

Deed restrictions are inherently difficult to remove, therefore, the best thing to do is know on the front end if they exist. Ask the seller, check the local courthouse for records and, if needed, request that your offer is contingent upon not finding any restrictions in the path to purchase.

When can a deed restriction be removed?

The restriction passes with a transfer of the property (runs with the land) and usually cannot be removed by later owners. A restrictive covenant is a type of deed restriction. Examples of restrictions include limitations on: The use of the property.

How do I remove a deed restriction?

Deed restrictions are inherently difficult to remove, therefore, the best thing to do is know on the front end if they exist. Ask the seller, check the local courthouse for records and, if needed, request that your offer is contingent upon not finding any restrictions in the path to purchase.

How long does a deed restriction last?

Generally speaking, deed restrictions do not expire unless there is a specified, written expiration date. If there is a specific expiration date, it is possible for an HOA to vote to extend the time limit on the restriction.

How are deed restrictions enforced?

How are Deed Restrictions Enforced? So who enforces deed restrictions? It's usually the person who put the restriction on the property in the first place often a developer, builder, or local government. Far and away the most common enforcer, though, is the homeowners' association.

Are deed restrictions permanent?

Homebuyers need to be aware of a term called deed restrictions. Deed restrictions are rules or regulations that pertain to your new home or the plot of land it resides on. Most common deed restrictions are permanent and are not up for negotiation.

Are deed restrictions forever?

A deed restriction is not valid if it violates local, state or federal laws. For example, prior to the civil rights movement, common deed restrictions included provisions preventing certain ethnic groups from purchasing property. Today those types of restrictions violate fair housing laws.

Who enforces a deed restriction?

So who enforces deed restrictions? It's usually the person who put the restriction on the property in the first place often a developer, builder, or local government. Far and away the most common enforcer, though, is the homeowners' association.

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