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What happens if you break a deed restriction?
What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.
Can a deed restriction be enforced?
Enforcement of deed restrictions is always a private matter. A property owner who disagreed with boat ownership contrary to deed restrictions would need to either ask the HOA (homeowners association) to enforce the restriction, or sue in a court of law.
Who enforces deed restrictions when there is no HOA?
A property owner who disagreed with boat ownership contrary to deed restrictions would need to either ask the HOA (homeowners association) to enforce the restriction, or sue in a court of law. Whether the HOA employs a manager or a management firm really is not relevant to the process.
Can a deed restriction be removed?
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.
Do deed restrictions supersede zoning?
In most places in the U.S., your deed restrictions outweigh zoning when the deed restrictions are stricter, but if your board doesn't have enough tools to force the return of the garage to its intended use, then you or your board will have to file a suit.
What is the penalty for violating a deed restriction?
Fines. You can be assessed a variety of fines. There may be a standard fine amount, or the fine may depend on the violation. In some cases, the fine may be a percentage of the value of your home, or may grow larger for each day you're in violation of the deed restriction.
How long does a deed restriction last?
Deed Restrictions are Indefinite In most cases, deed restrictions last forever. Any deed restriction from a prior granter, no matter how many years ago, remains with the land and each subsequent grantee is bound by it. This is true even if the current deed does not reference the deed restriction.
What is a restricted deed?
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.
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