Deed restrictions? I understand what they are, but how do they work? If a person purchased a home then sold?

Question

it with deed restrictions are those restrictions on there for life? I'm trying to explain it better to my DH. He doesn't understand ~ if we are purchasing the home why do we have to obey somebody elses "rules"? The restrictions aren't hard or anything and we wouldn't come close to breaking any, but can you explain exactly what and how a deed is placed on a property?

The deed restrictions are 1. no more than 1 single family living at residence
2. No livestock
3. No sitting motor homes -6 months tops
4. Something along the lines of no junk vehicles or metal buildings

Answer 1

You didn't say what the restrictions are. Your question was so broad that a personalized answer is impossible, so I will just give you some examples.

There are a few different types of Deeds, but as far as real estate goes, Deeds of any type are used to convey property from one person or entity to another. You can get a snapshot of the different types of Deeds by doing a Wiki search.

Along with conveying rights, Deeds can also convey restrictions. A restriction is basically a limitation on the use.

If you are talking about restrictions imposed by a HOA, then they can be quite restrictive. HOA's like to keep the resale values up and they like having their own little slice of the Stepford lifestyle.

Other restrictions are placed on land because an owner sells off part of their land and doesn't want the use to affect his or her land. Let's say I own 50 acres with a great lake or mountain view. I want to sell off 30 acres to a developer. Since I want to preserve the value of my remaining land (and presumably my view), I restrict all future improvements and structures to no more than 2 stories or X feet tall on all the lots I sell.

Deed restrictions can also be used to keep certain things away from a residential community. I have seen deed restrictions that prohibit the property from ever being used as a glue factory or slaughterhouse. These restrictions were placed in the early 1800's when the original land holder started to sell off parcels of land.

Deed restrictions are also common in places that don't have zoning laws.

They can also be used to transfer development rights in some places.

In others, restrictions take the place of easements.

They can also be used to preserve or conserve land from certain types of development or even any development at all.

There are places that allow deed restrictions to be challenged. In other places, that is unheard of.

In some places or cases, the length of the restriction varies. It could be forever, 150 years, 30 years, etc.

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ok, saw your update.

"no more than 1 single family living at residence"

That's a real problem. What if your mother is widowed and needs to come live with you? Or if your grown daughter is being abused and has nowhere else to go with her child if she leaves her husband? Or your husband dies and you don't want to remarry but instead decide to just live with someone because remarriage will affect your social security payments?

Under this 1 single family restriction, none of these things would be allowed.

Answer 2

A deed is placed on the property though recording at the local County Courthouse. This is public record. If there are any restrictions or liens on the Deed then they will show up on a Title Report. You can request a title report to be pulled at escrow (which they probably have already done) and it will show the restrictions. The restrictions could be anything, or you may be able to have them removed. The Title Office will be able to instruct you best after the report is pulled. They will also be able to explain the situation to your DH.

Answer 3

Watch out!!! I almost closed on a house that came up with a deed restriction. My realtor said it was best to stay away from those type of homes. He said that even after you buy the house from the bank, you may owe even more money to somebody else due to the restriction, example past due taxes.

Answer 4

never heard of it sorry