Deed Restrictions
Deed Restrictions are very common for most homes. Newer developments almost always have them. Local townships sometimes have them.  Before submitting an offer on a particular home, you should investigate whether Deed Restrictions govern the land. Your Realtorฎ can help you with this or you can visit the local zoning office for a copy. As a buyer, ultimately it is YOUR responsibility to investigate this issue and not rely on others to inform you. Once you purchase the property, you will have to comply with the Deed Restrictions regardless of whether you knew in advance that these restrictions existed. So, take time to do your homework before choosing a given property. Deed Restrictions are considered to "run-with-the-land" and are enforceable by the entity that is in control, be it a city, township, or homeowners association. They are intended to ultimately protect the value of the property located within the scope of the restrictions. Therefore, you should read the Deed Restrictions to ensure that you can abide by the restrictions or that any plans you have for the property are permitted by the restrictions. Failure to adhere to the property's Deed Restrictions, could result in a Notice by the governing entity to remove, undo or redo the violation, or risk a lawsuit by the governing entity. Common Restrictions one might find in the Deed Restrictions are: Number of homes permitted per acre. Some townships require parcels to be of a certain size, not able to be subdivided. Type of home permitted, such as single-family, multi-unit, mobile homes, etc. Also, type of out-building permitted, if any. Some restrictions also may require that garages be a certain size, such as 2- or 3-car garages. Type of material and/or color of the home's exterior. Some subdivisions permit only natural materials to be used for the exterior, such as brick, wood, stucco, or stone, but not vinyl or aluminum siding. Type and number of animals may be restricted. The number of cats & dogs may be restricted. The keeping of farm-type animals is frequently restricted. Growing of crops is a frequent restriction. If you plan to put in a salad garden, check first. Boats, RV's camping trailers, trucks, vehicles under repair or undriveable, etc. often have restrictions against them or at least restrict visibility of them. A few subdivisions have restrictions regarding on-street parking, driveway parking or open garage doors. Some subdivisions restrict use/design/color/location of swingsets, play gyms, basketball hoops/courts, pools, clotheslines, trash containers, etc. Most subdivisions have specific restrictions governing the use or design of fencing. The design of mailboxes may also be governed. Tree and brush removal may be restricted if the intent of the restrictions is to maintain a natural setting. There may also be restrictions against changing the terrain, since that could affect water flow to surrounding properties. Some areas have restrictions on the type of plants permitted, such as trees considered to be a nuisance or noxious to the environment. Use of the property for a home business where customers come to the home is often restricted or a least governed, as are signs placed on the property. Read before you buy ... Heed after you buy! |