Deed restrictions are placed by a grantor (seller) in the deed at the time of conveyance and are binding on all subsequent owners. They can limit the type of structures built, prohibit certain activities, or require specific maintenance standards. They are enforceable through civil court action and can become unenforceable if the neighborhood character has substantially changed.
A seller deeds property with a restriction that it may only be used for residential purposes. Years later, the buyer wants to open a business on the property. The original seller or neighbors can seek a court injunction to enforce the restriction.
Deed restrictions are PRIVATE, not governmental. They run with the land and bind future owners. If the surrounding area has changed so much that the restriction no longer makes sense, a court may declare it unenforceable. The exam tests private vs. public land use controls — deed restrictions are always private.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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