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What is the difference between a deed restriction and a restrictive covenant?

Restrictive covenants or deed restrictions or CC&Rs are not at all the same things as land use zoning. First, one of the major differences is that the government does not write or enforce these covenants, but it does impose and enforce zoning.

Is a deed restriction the same as a restrictive covenant?

Deed Restriction. A limitation placed on the use of property that is contained in a deed in the chain of title. 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.

What is a deed restriction in real estate?

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.

How do I get around deed restrictions?

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.

Are deed restrictions enforceable?

A restriction cannot be enforced if it violates any local, state, or federal laws. Discriminatory deed restrictions have been ruled unconstitutional. Examples of illegal covenants are that owners cannot sell to non-whites, families with more than two children, or senior citizens.

What is the difference between an easement and a deed restriction?

A big distinction between an easement even a negative easement and a restrictive covenant is the mechanism of agreement. Often, an easement is expressly granted via written agreement or reserved expressly in a deed or other conveyance document. In the past, a restrictive covenant may be created in the same way.

Is an easement a deed restriction?

Description: Easements allow owners to retain full ownership of property but can either restrict certain uses or permit the use of land by the public or particular entities for specified purposes. Easements are generally established as part of the deed restrictions.

What is the main difference between a license and an easement?

Q: I am dealing with the purchase of a property, which benefits from a right of way over nearby land. This right of way is not an easement, but is granted by way of a license; and is granted to the transferee “as the Transferor can grant the same”, i.e. insofar as they actually can.

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