What is a deed restriction? Is a deed restriction the same as a restrictive covenant, covenant, or plat restriction? In general, all of those words and phrases involve the same concept. I will refer to all of those restrictions in this article collectively as “deed restrictions.”
Types of housing
Single-family residential dwellings only
Proper usage of the waterfront
Minimum house size
Maximum accessory building size
Prohibition on selling or transferring property to governmental units the public use
Easements and usage of easements
Property owners association
Dues or annual assessments
Limits on pets
Architectural rules (and mandatory review and approval of all structures by a committee)
No further splits or land divisions
No outdoor storage of junk, RV’s, trailers, etc.
Required building exterior materials
Mandatory compliance with local government zoning regulations and building codesA common misperception among laypeople is that if a deed restriction is not stated or referenced in the deed to land that you purchase, even if there was an earlier deed restriction binding the land, it will no longer be applicable to you. That is incorrect. Once a deed restriction is properly recorded, it remains in the “chain of title” for the property involved forever (or until the time limit specified in the deed restriction), regardless of whether or not later deeds to the property mention or reference the deed restriction. In some cases, deed restrictions can lie dormant and unknown for years regarding one or more properties, but could potentially still be enforceable.