Buyers & Sellers both need to heed the deeds – deed restrictions that is. What are deed restrictions? Who enforces them? When they can be altered and how buyers can get hit with a costly surprise if they don’t do their due diligence in this area.

Deed restrictions are restrictions that are imposed by the current land owner for a specific piece of land and these restrictions can vary from restrictions against hunting to restrictions against development. And typically, they will run in perpetuity with the land. Sometimes there will be a clause in the deed restrictions that will allow the restrictions to be altered with the majority vote by adjacent land owners. Interestingly, deed restrictions are not imposed or enforced by cities or county municipalities and deed restrictions, in some cases, will actually override or supersede zoning ordinances placed by cities or counties.

There are several reasons why a landowner would put deed restrictions on a property. Generally speaking, they want to maintain the current use of the property. A lot of times you’ll see deed restrictions against manufactured homes or modular built homes. Of course, there are several reasons for this and there are differing opinions. But, if you place deed restrictions on a property, it could drastically alter the value of that property. Like I mentioned earlier, if you have deed restrictions against hunting or development, it might not be as valuable to other people that want to buy the land for development purposes, for example.

Deed restrictions are usually recorded with the county clerk’s office. So, whenever you’re buying a piece of land, a title commitment should reveal any deed restrictions that are attached to the land you’re purchasing. Now, there is a caveat with this. We purchased over 100 acres in Bastrop county and the title company that we were using at that time completely missed that there were deed restrictions attached to this property. We actually mentioned this in a previous video. So we always recommend that you hire an attorney, in addition, so they can look at the title commitment and do their own research. I promise you this is worth its weight in gold so you don’t get a nasty surprise like we did.

Feel free to reach out to us with questions or other topics you’d like to see covered.

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