Podcast
Questions and Answers
What is a deed restriction primarily concerned with?
What is a deed restriction primarily concerned with?
Who typically puts deed restrictions in place?
Who typically puts deed restrictions in place?
Which of the following is NOT a requirement for deed restrictions?
Which of the following is NOT a requirement for deed restrictions?
What can deed restrictions typically regulate?
What can deed restrictions typically regulate?
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Which of the following describes a deed restriction's effect on future owners?
Which of the following describes a deed restriction's effect on future owners?
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Which of the following is a limitation that deed restrictions usually enforce?
Which of the following is a limitation that deed restrictions usually enforce?
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If a deed restriction violates federal housing laws, what happens to the restriction?
If a deed restriction violates federal housing laws, what happens to the restriction?
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In the example given, what was specified about the construction of homes?
In the example given, what was specified about the construction of homes?
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Study Notes
Deed Restrictions
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Deed restrictions are provisions in a deed that limit how property can be used. They apply to all future owners. They are often confused with restrictive covenants, which may not be attached to the deed.
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Deed restrictions, known as CC&Rs (covenants, conditions, and restrictions), are usually created by developers.
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Developers must ensure the restrictions:
- Are not discriminatory
- Promote community welfare
- Are consistent
- Are reasonable
- Are clear and specific
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Restrictions are included in the deed document, referencing the subdivision map (plat) when a property is sold.
What Deed Restrictions Can and Can't Do
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Deed restrictions commonly relate to:
- Building type
- Acceptable land uses
- Construction methods, height, setbacks, and size
- Costs
- Aesthetics
- Prohibited additions
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Deed restrictions cannot:
- Violate local, state, or federal laws
- Discriminate based on race or religion (violating fair housing laws)
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If a restriction is deemed invalid by a court, the property is free from that invalid provision.
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Examples of common deed restrictions include minimum square footage or material requirements for homes, or restrictions on parking recreational vehicles on the property.
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Deed restrictions usually limit property development to similar residential uses as its surrounding lots. Commercial or industrial uses are generally prohibited.
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Deed restrictions do not specify the transfer of title, but they do limit how a property owner can use the land.
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Description
This quiz explores the concept of deed restrictions, also known as CC&Rs, and their legal implications in property use. It covers what developers can include in these restrictions and the limitations placed upon them. Test your knowledge on the preservation and regulation of community property standards.
