The last thing you want is for the day you planned to close on an acre lot where you had hoped to build a brand-new house with a three car garage, turns out to have a deed restriction on it. Deed restrictions affect more than home builders. You can be restricted by anything from the number of bedrooms in your house to the type of vehicles in your driveway. It is best to know about deed restrictions before you buy, so let’s see exactly what they are.

Find out if your property has any deed restrictions

Deed restrictions often called “restrictive covenants,” are restrictions contained in a deed that limits how a property can be used and what can be built on it. Most often, developers include restrictions not covered by local zoning regulations. The property doesn’t even have to be part of an HOA to be limited by some rule a developer included in the deed decades ago.

Deed restrictions turn up during title searches and a careful reading of the current deed. They “run with the land,” meaning that anyone who buys the property in the future is supposed to follow these restrictions. It doesn;t matter if they were attached to the property 20 years ago when the neighborhood was developed, or 100 years ago when the land was used for farming.

Deed Restrictions Aren’t HOA Rules

An HOA can decide one day that no home in the association can string up Christmas lights. However, if all the homeowners object, the HOA board can easily change its mind. Deed restrictions, however, are difficult to change. Usually, it takes a judicial ruling to invalidate them.

Types of Deed Restrictions Run the Gamut

Deed restrictions are not just about construction, they can require exterior paint colors to match colors found in nature, or even restrict rental properties. Today, HOAs and developers create restrictions that provide the greatest good for the greatest number of people, in theory. Some common deed restrictions cover the following:

• Number of bedrooms
• Building height, width, and siting
• Number of vehicles allowed in the driveway or in front of the house, intended to keep the neighborhood from looking cluttered and junky
• Type of vehicles allowed in the driveway, like motor homes, boats, and motorcycles
• Fencing allowed
• Number of trees you can remove from the property
• Style, color, and construction materials used in a renovation
• Pools, sheds, detached workshops, and extra garages can be forbidden or restricted
• Use of your home as a business
• Types of animals allowed on the property

How to Change a Deed Restriction

Modifying a restrictive covenant isn’t easy, but not totally impossible. First, you have to go to the county courthouse and obtain a copy of the covenant, which often contains provisions for changing it or an expiration date. Sometimes, you can seek special permission for the governing body, like your HOA. Meaning you can violate the covenant if you obtain permission from your neighbors.

Some states maintain laws that allow property owners to modify covenants if they follow certain steps. If all else fails, you may be able to persuade a judge to invalidate a covenant if it’s vague, impractical, illegal, or has been widely disregarded by neighbors.