Buying a home involves more than just picking out paint colors or landscaping ideas. Before you move forward, it’s crucial to understand warranty deed restrictions—legal rules tied directly to your property’s deed that limit how you can use or alter the land.
How Warranty Deed Restrictions Work
A warranty deed is a common way to transfer property ownership. It guarantees the seller owns the property free of undisclosed claims or debts and has the right to sell it. However, the deed may list specific exceptions known as warranty deed restrictions or restrictive covenants (also called CC&Rs: Covenants, Conditions, and Restrictions).
These restrictions “run with the land,” meaning they are permanent rules applying to the property itself, not just the current owner. When you buy the home, you agree to abide by these rules, and they will also apply to any future buyers.
Typical Deed Restrictions Explained
Deed restrictions are enforced to maintain neighborhood standards and protect property values. Common examples include:
- Architectural controls: Limits on building materials, styles, or home additions.
- Exterior colors: Pre-approved paint palettes that homeowners must follow.
- Fencing rules: Restrictions on fence height, type, or placement.
- Landscaping: Regulations on lawn maintenance or tree planting/removal.
- Outbuildings: Limits or prohibitions on sheds, garages, or guesthouses.
- Commercial uses: Restrictions on running a business or parking commercial vehicles at home.
- Vehicle parking: Rules on storing RVs, boats, or trailers on the property.
Deed Restrictions vs. Zoning Laws
While deed restrictions are private agreements set by developers or homeowners associations, zoning laws are public regulations established by local governments. Both impact how you can use your land, but deed restrictions often impose additional limitations beyond zoning.
For instance, zoning might allow a six-foot fence, but your HOA’s deed restrictions could limit fences to four feet. In that case, the stricter rule applies.
How to Identify Deed Restrictions Before Buying
To avoid surprises:
- Request documents from the seller or real estate agent: Ask for any deed restrictions or HOA rules upfront.
- Review the title report: The title company’s search usually reveals any recorded restrictions.
- Check public records: County recorder offices or their websites hold official property records and deed documents.
What Happens If You Violate Deed Restrictions?
Ignoring these rules can lead to legal action from your HOA or neighbors. Penalties may include fines or court orders requiring you to remove unauthorized structures or changes, often at your expense.
Can Restrictions Be Removed?
Removing deed restrictions is difficult and often requires unanimous agreement from all affected property owners or approval from the HOA board. Some restrictions also expire after a set time, but others are permanent.
Additional Resources
For more about warranty deeds and title guarantees, see FinHelp’s General Warranty Deed in Lending and Encumbered Property Title.
Understanding these restrictions protects your investment and ensures your homeownership experience lives up to your expectations. For detailed official information, consult your local county recorder’s office or visit the IRS.
Sources:
- Investopedia, “Restrictive Covenants: What They Are and Why You Should Read Them”
- Forbes, “What Is A Deed Restriction?”
- NerdWallet, “What are CC&Rs? A Guide for Homebuyers”