A deed restriction reference guide explains the four main types of property restrictions buyers encounter: HOA covenants, deed restrictions, zoning overlays, and easements. Click any type to learn what it means and how to research it before purchase.
How to Research Deed Restrictions Before Buying
This deed restriction reference guide helps you understand the types of restrictions that may limit how you can use a property. Every smart buyer should investigate restrictions before making an offer.
Where to Find Deed Restrictions
Deed restrictions are recorded at the county recorder's office (also called the register of deeds). Your title company will identify restrictions during the title search. HOA documents are typically provided by the seller. Ask for the full CC&Rs, bylaws, and recent meeting minutes before closing.
Questions to Ask Before Buying
Before purchasing any property, confirm: Are there any HOA fees or restrictions? Are there deed restrictions affecting use or improvements? Are there easements that limit building or use? Are there any zoning overlays (historic district, flood zone, overlay district)? Has the property had any zoning violations or variance requests?
HOA Financial Health Check
For HOA properties, also review the HOA's financial statements. Check for: adequate reserve fund (typically 70%+ funded), pending special assessments, history of fee increases, and litigation. Underfunded HOAs often face emergency special assessments that can cost thousands per unit.
FAQ
What is the difference between a deed restriction and zoning?
Zoning is government-imposed land use regulation that affects an entire zone or district. Deed restrictions are private contractual limitations specific to a property or subdivision, recorded in the title. Both can restrict how you use property, but deed restrictions are typically more specific (e.g., no chain-link fences, minimum house size) while zoning covers broader use categories (residential/commercial/industrial).
Can deed restrictions be removed?
Yes, but it is difficult. Options include: the restriction expiring naturally (some have sunset clauses), all affected property owners agreeing to terminate, a court finding the restriction is unreasonable, or demonstrating changed neighborhood conditions that make enforcement inequitable. Consult a real estate attorney for your specific situation.
Does a deed restriction survive a property sale?
Yes, deed restrictions run with the land, meaning they bind all future owners. When you purchase a property, you inherit all existing deed restrictions regardless of whether the seller disclosed them. This is why a thorough title search before purchase is essential.
What are CC&Rs?
CC&Rs stand for Covenants, Conditions, and Restrictions — the governing document of a homeowners association (HOA). CC&Rs specify what homeowners can and cannot do with their property (exterior colors, landscaping, parking, pets, rentals, etc.). Violating CC&Rs can result in fines, liens, and legal action by the HOA.
What is an easement?
An easement is a legal right for someone other than the property owner to use part of the land for a specific purpose. Common easements include utility easements (power lines, gas pipes), access easements (shared driveways), and drainage easements. Easements run with the land and cannot typically be built over.
Is this guide free?
Yes, completely free. This is a reference guide — not a calculator. Consult a licensed real estate attorney for specific legal questions about restrictions on a property you are considering purchasing.