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To find out whether a specific property has any deed restrictions, you can ask the owner or property agent to provide you with the details. Deed restrictions on a property can be found by researching either the “DEED or the “RESTRICTION” on the Travis County Clerk's Official Public Record Search.
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.
These are usually found in townhouses, subdivisions or gated communities and very rarely on regular houses. Common deed restrictions include limitations on how property must look, whether you can add on to the property, and what types of pets or animals you can keep.
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.
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.
When seeking to have a deed restriction enforced, the courts will usually draw upon state and local laws. Thus, enforcement of deed restrictions can vary by region. Legal remedies for a violation of a valid deed restriction may include a monetary damages award or other types of compensation.
Lady Bird deeds are currently only authorized in Florida, Michigan, Texas, Vermont, and West Virginia. Approximately half of the U.S. states have what is called a transfer on death (TOD) or beneficiary deed, which is similar to, and may be preferable to, a Lady Bird deed.
After signing a Lady Bird deed, an owner may still sell, gift, mortgage or lease the property during his or her lifetime. The default beneficiary receives the property only if the owner still owns it at time of death.
The short answer is “Yes.” I shall presume that the ladybird deeds you are referring to name your trust as the remainder man upon your death. The danger of not recording the deeds now is that they could get lost.
Lady Bird deeds are currently only authorized in Florida, Michigan, Texas, Vermont, and West Virginia. Approximately half of the U.S. states have what is called a transfer on death (TOD) or beneficiary deed, which is similar to, and may be preferable to, a Lady Bird deed.
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