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It is imperative, if you are looking to build or remodel a home, that you are aware of any deed restrictions. A deed restriction is a provision in a deed that limits what can be built on a property, or how a property can be used. So if you want to assure that your dream home will not turn into a nightmare, here are common deed restrictions that any property owner should be aware of.
Obstructing a Neighbor’s View
Many deeds have agreements in them that state that the neighboring properties views must be the same as when the agreement was reached, which may have been decades ago. Though extremely popular in resort towns where views of mountains or the beach are highly valued, these restrictions are also in place in many communities with more subtle views.
Type and Number of Vehicles
In order to keep neighborhood streets from appearing cluttered, some properties may have restrictions on the number of cars each house may keep in the driveway and parked on the street. If there are multiple members of your household that are driving age and have a vehicle, make sure you are aware of any restrictions that may prohibit some of these vehicles from being parked in the driveway or street.
Building Fences
The size and style of fence which may be built on a property are often specified in a deed. The most common of those outlawed by deeds around the country include chain-link fences or very tall privacy fences.
Removing Trees
This restriction is becoming much more commonplace in many neighborhoods which wish to maintain an environmentally conscious atmosphere or preserve tree-lined avenues. There may be a complete ban on tree removal or a certain percentage of trees on a property may be protected, so before you start up your chainsaw, brush up on your properties stipulations regarding the removal of trees.
Approving Plans
In an attempt to keep a neighborhood’s identity uniform, many HOAs (Home Owners’ Associations) will need to approve your building plans before construction begins. So, if you are hoping to build a modern home in a neighborhood full of Victorian-style homes, contact the HOA beforehand to get the go-ahead or you may face an injunction that forces you to alter your building plans to conform to the neighboring houses.
Adjacent Structures
One of the most heavily controlled deed restrictions consists of the building of any adjacent structures on a property, whether it be a shed or pool house. If the building of such a structure is not forbidden outright, odds are that the type, size, and location of the structure on the property are limited due to a deed restriction.
No Business Here
Perhaps the most easily adapted deed restriction consists of prohibiting the running of a commercial enterprise out of a residential abode. The reasons behind such deed restrictions include limiting the number of traffic in the neighborhood consisting of customers and deliveries. However, recently judges have been finding that these covenants are unlawful restrictions to private rights.
Color Palettes
Lists of approved, or occasionally unapproved, colors which a house can be painted are often provided by home-owner association. So if you are building a new house or giving your current house an exterior make-over, be sure that the color you choose for your home falls within the permitted color spectrum.
Pet Restrictions
If you have a furry loved one in your family or if wish to keep any sort of livestock on your property for organic food purposes (such as chickens or goats), check with your neighborhood covenant to assure that these animals will be allowed on your property. Though restrictions on livestock may not surprise a home owner, there may also be restrictions against certain breeds of dogs, pot-bellied pigs, or the number of animals you may have in the house.
Number of Bedrooms
Deed restrictions are in place to limit the amount of septic use of a household due to the idea that the number of bedrooms in a home correlates to the number of bathrooms. If you are not able to fit your entire family comfortably into your dream house, then this would be a major setback, to say the least.
Instead of fighting deed restrictions, facing heavy fines, or being forced to alter your after new building or modifications have occurred, a home owner is much better of knowing any limitations set in place due to deed restrictions before buying the property. Arm yourself with the knowledge of any HOA covenant regulations or deed restrictions before purchasing or remodeling a home, and it will make the transition into the house you’ve always wanted much smoother.
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