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At first glance, the deed restriction seems like a complicated rule designed to make life difficult for homeowners. Although they can be problematic, deed restrictions are an invaluable tool for maintaining uniformity and home values in a given neighborhood. Even limiting a common cause can improve entire communities, the question arises: What is a community limited by action?
How To Find Deed Restrictions On Property
The following will help new homeowners learn about deed restrictions and identify the most common rules that homeowners find comforting and how they affect homeownership.
Important Questions To Ask Before Buying Real Estate
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Deed restrictions are written agreements that limit how each piece of land can be used by its owners. In their simplest form, deed restrictions are exactly what they sound like: legally binding restrictions that a landlord must follow. Common deed restrictions have traditionally been in place to prevent homeowners from doing anything to jeopardize the property’s value in the community, such as painting a home a contrasting color or blocking a neighborhood view by adding an unwanted home. However, at its peak, the constraints of the case keep everyone on the same page. When implemented well, deed restrictions are an invaluable tool used to protect home values in residential neighborhoods and restrict unwanted businesses in commercial areas.
Deed restrictions are as selective or numerous as the original underwriters wish to make them. In other words, an act of agreement may result in restrictions – or none at all. However, there are more restrictions than their other counterparts. The following list represents not only some of the most common action restrictions, but also the most important ones that everyone should be aware of:
This list is not a detailed outline of all deed restrictions, but rather a list of the most important restrictions that buyers should be aware of before closing the deal. Let’s dive a little deeper into each deed restriction and how they affect ownership.
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More common in some parts of the country than others, some deed restrictions place strict limits on the number of bedrooms in a residential home. While this restriction may seem onerous at first to potential buyers, it often has the homeowners’ best interests in mind. In particular, local housing values can be maintained by limiting the number of rooms in a house. If nothing else, room restrictions are in place to enforce equal size among properties in the same neighborhood and to prevent “larger” homes from undercutting the home values of smaller neighbors. In other cases, room restrictions are made for sewer or septic capacity specifications.
Pet and animal restrictions are the most common restrictive covenants that buyers have never heard of. However, properly named, pet and animal restrictions limit the types of pets and animals that a property can legally keep. Unsurprisingly, once again restrictions have been put in place to maintain home values to ensure that neighbors do not have to deal with unwanted pets and animals. For example, it is common in residential areas to restrict pets and animals to prevent anyone from taking in livestock such as chickens, goats, and pigs. Keeping noisy or smelly animals out of residential areas reduces the likelihood of home value depreciating and increases peace of mind between communities. It should be noted that these restrictions may also restrict specific species of animals. Most neighborhoods allow dogs, and some breeds may have added activity restrictions.
Vehicle restrictions are the most common restrictions that homeowners write in their deeds. This particular deed restriction is intended to prevent a single house from overloading the street with unnecessary traffic and unnecessary eyesores. Having too many unwanted vehicles can reduce neighborhood values if cars become too much of a problem. As a result, homes are typically only allowed a certain number of vehicles to park in their respective driveways or adjacent lots.
Deed restrictions that prevent homeowners from interfering with their neighbors’ views have become common practice in most real estate transactions. In addition to being a gesture of common courtesy and respect for neighbors, this particular restriction prevents homeowners from building unnecessary structures that could obstruct the views of someone next door. At the same time, these restrictions improperly protect home values by not building unnecessary additions that could interfere with neighbors’ enjoyment.
Title Tip: Are There Deed Restrictions On My Property?
Many business constraints dictate what walls and fences are appropriate for a given site. To maintain property values, some restrictions may prevent homes from installing chain-link fences or even very high privacy fences. In addition to the types of fences, restrictions may limit the height of these fences. For example, most fences in front yards cannot be taller than three or four feet. Garden fences, on the other hand, are usually limited to a maximum of six feet.
A deed-restricted home can prevent owners from conducting any type of business on the premises. Although it may seem unfair, these types of shared action restrictions are in place to maintain a more formal neighborhood. If the business requires a lot of traffic or deliveries, the house can create unnecessary traffic and then be a nuisance to the neighbors. Additionally, some neighbors may not approve of the business itself, so many neighbors have agreed to keep their streets free of any businesses.
One of the most common deed restrictions nationwide has to do with the exterior color of the home. In particular, owners can only paint their houses with a pre-approved color coat. Again, this is a restriction imposed to maintain unity and avoid interfering with the limited appeal of the area in question. That said, the limited palette of colors that homeowners have to choose from isn’t just limited to paint. In most cases, homeowners will have to paint their homes using a pre-selected color palette, but there may also be regulations that require the home to use a specific finish, such as stone or brick. Color palette restrictions can be incredibly detailed, and it’s in the homeowner’s best interest to follow the rules.
Adjacent structures, such as sheds or detached garages, have been the target of many deed restrictions. While many homeowners find them convenient and useful, neighbors may disagree. At the very least, it’s easy for neighbors to keep an eye on the exterior of the building. As a result, many deed restrictions do not allow homeowners to build another structure on their land. Regulations governing the installation of additional buildings can be strict, if not outright prohibited.
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Some builders, developers and HOAs will include themselves in subsequent deed restrictions that may affect any future plans for the property. For example, an HOA trying to maintain uniformity in a given neighborhood may require that you approve future renovations or home additions. By limiting the ability to modify a home in any way, builders, developers, and HOAs can set strict standards for homeowners. In most cases, owners need approval for anything added to the materials used.
Certain restrictions are in place to limit the number of trees removed from the property. Restrictions vary based on the number of trees that can be removed prior to the strict removal statute. Some restrictions state that owners want to keep a certain percentage of trees on the lot to maintain uniformity between neighboring homes.
If you are interested in a deed-restricted property, it is very important that you gather all the information you can before moving into the situation. Here are some frequently asked questions about action restrictions to help you learn more:
A deed-restricted community is a development or specific neighborhood overseen by a homeowner’s association that enforces rules that each homeowner must follow. As always, the rules are strict, but they are almost always created to preserve local home values. If nothing else, the HOA has an interest in the community and enforces specific rules to maintain certain standards.
Find Out About Deed Restrictions On Your Property Before It’s Too Late
Deed limits are permanent unless otherwise stated in the underwriting. As a result, some restrictions may expire after a predetermined period of time, or may continue indefinitely. However, despite their permanent nature, restrictions can be removed. With proper consent, the owner may remove the restriction, especially if it is deemed impractical or illegal.
The act limit may be lifted, but that doesn’t mean it will be easy. Indeed, the act
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