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Can deed restrictions be enforced?

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.

How do I find deed restrictions?

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.

What are deed restrictions?

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.

What are restrictions on a property?

Deed restrictions, often called restrictive covenants” (especially in the context of homeowners associations), are restrictions contained in a deed that limit how a property can be used and what can be built on it. Most often, developers include restrictions not covered by local zoning regulations.

Who creates deed restrictions on a property?

Granters Create Deed Restrictions 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.

How do I find deed restrictions on my property?

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.

Who places deed restrictions on a property?

Deed restrictions, also referred to as “covenants, codes and restrictions,” are rules attached to the ownership of a piece of land by a prior owner. Restrictions can limit your ability to choose the color you paint your house, whether you can park your car in your driveway, or just about anything else.

What is a deed restriction in real estate?

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.

Where are deed restrictions recorded?

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.

What is a deed restricted property?

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.

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