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Having a deed restriction removed is usually difficult according to Realtor.com, but can be done. The county courthouse where the property is located will have a copy of the restrictions or covenants for your address.
How to change a deed restriction. Modifying a restrictive covenant isn't easy, but it's not impossible, either. First, go to your county courthouse and obtain a copy of the covenant, which often contains provisions for changing it or, if you're lucky, an expiration date.
Not all restrictive covenants are enforceable. Deed restrictions have become a popular tool for developers to preserve and protect the value of land, thereby making the property more attractive to buyers. covenants are binding only between the present grantor and grantee.
A person injured by a violation of a deed restriction can go to court to seek an injunction against the violation. ... But if he determined that enforcing the deed restriction would be inequitable, unjust, or not in the public interest, he could order the owner to pay money damages to the people injured by his actions.
Deed restrictions on private houses are living on borrowed time, having been limited to a 30-year life span by a 40-year-old state law. When the 30 years end, legal problems can begin.
Deed restrictions are private agreements that restrict the use of the real estate in some way, and are listed in the deed. The seller may add a restriction to the title of the property. Often, developers restrict the parcels of property in a development to maintain a certain amount of uniformity.
A deed restricted community is a development where a homeowners association (HOA) has restrictions in place that prohibit certain actions. These rules are established and enforced by a private entity (the community HOA), not a local government.
The person conveying or selling land, known as the grantor, 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 grantor who lives on 100 acres decides to sell 20 acres.
The restrictions provisions are illegal (such as one that violates zoning laws) The deed restrictions are clearly against public policy (such a restriction that encourages housing discrimination)
Typically, a deed restriction is created in a document that is recorded with the county register of deeds records where the property is located. Most deed restrictions are permanent and run with the land; that is, they generally bind all current and future owners of the lot or parcels involved.
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