A deed restriction is a limitation on the use of a property that is written into the deed itself or in a separate recorded document (such as a declaration of covenants). These restrictions "run with the land," meaning they remain in effect regardless of who owns the property — binding all current and future owners until the restrictions expire (if they have an expiration date) or are legally modified. Deed restrictions are one of the most common forms of private land-use regulation.
Deed restrictions are typically established by property developers when they create a subdivision or planned community. The developer records a declaration of restrictions that applies to every lot in the development. Common restrictions include: minimum home square footage, required setbacks from property lines, approved exterior materials and colors, prohibitions on fences above a certain height, bans on commercial activity, limitations on the number of vehicles or types of vehicles parked outside, restrictions on signage, and requirements for maintaining landscaping.
In HOA communities, deed restrictions are part of the CC&Rs (covenants, conditions, and restrictions) that govern the entire community. These can be quite detailed — specifying everything from mailbox styles to the percentage of exterior wall that can be a certain color. Violating deed restrictions can result in fines from the HOA, mandatory compliance orders, or even lawsuits filed by the association or affected neighbors seeking injunctive relief (a court order requiring compliance).
During the title search, all recorded deed restrictions are identified and appear as exceptions on the title commitment under Schedule B-II. Buyers should review these exceptions carefully — especially if they plan to make modifications, build additions, operate a home business, or rent the property. Title insurance generally does not cover losses from deed restrictions that are properly recorded and disclosed, so understanding them before closing is essential.
At Beycome Title, we identify all deed restrictions as part of our standard title examination and explain their implications in plain language. If you have questions about whether a specific restriction affects your plans for the property, we recommend consulting with a real estate attorney before proceeding to closing. Get your free title quote today.