Be it home buying or selling, you have to carry out several formalities for the transfer of ownership. This includes paperwork, visits to the court and other legal formalities. If you are thinking of buying a house or a plot for constructing property, along with all these formalities, you need to think about obtaining and going through deed restriction.
About Deed Restrictions
These are written documents, which relate to the conditions of using the property. These restrictions can include anything that is not supposed to be done using the property, or to the property itself. A good example of a deed restriction is a restrictive covenant.
The conditions mentioned in it can differ based on the builder of the property, the type of real estate, and the location. For example, a developer may put restrictions regarding the number of floors in one building, what materials should be used for the construction, the building's distance from the street, and business carried out from the premises.
Developers may even mention the materials to be used in making fences around the house, how many or what kind of pets can be allowed in the house, if surrounding trees can be cut, certain conditions for gardening and landscaping, etc. There are many such similar restrictions in the deed, applicable to property and need to be followed by all property owners.
Who Carries Out Their Enforcement?
In case of land with subdivisions, the builder or developer initiates the restrictions on the property. After he prepares the restrictions, he then files them at the county office for them to be operational on subsequent property owners.
However, the entity who prepares them should keep in mind, the comfort of the homeowners. Generally, the homeowners' association is responsible for supervising, if people follow the obligations properly. However, in order to oversee these restrictions, there is no formal authority as such.
Who Should Follow Them?
They are to be followed by all subsequent owners of the property/real estate. If you are thinking of buying a home, it is necessary to obtain a copy of the deed restriction from the seller/realtor. You may find some deeds overly restrictive, which may affect the quality of living.
You also have the option of obtaining a copy from your respective county's courthouse. When you are buying the property, you have to follow the obligations mentioned; and when you are selling the property, you have to make sure that the property buyer follows them carefully.
If the home buyer is thinking about removing such restrictions, he should get them released from the parties, who enforced them initially. Deed restrictions are written agreements that are drafted for the purpose of maintaining the quality and value of the property.
However, the maker should consider, if the living conditions of the real estate would be appropriate after the restrictions are enforced. If you have any doubts, it is recommended that you get in touch with a real estate agent, who will explain to you all the details regarding the same.