Deed restrictions

[sawdust_maker]

It's also my understand that deed restrictions are enforced by the neighbors that purchased land under the restrictions. It's the neighbors that enforce the restrictions and they are the ones that would bear the cost to fight you in court. I was also looking at property that had restrictions. Since I wanted an outbuilding and the deed restrictions has size limitations along with architecture approval I decided to pass. I knew it was a long shot the neighbors would actually sue but I didn't want to take the risk. I also talked to the building inspector at the town and he told me he can't enforce deed restrictions. His job was to make sure you built to town/county/state regs. Didn't care about square foot size, if you were required to pave your drive or not. Not his concern! His words not mine.

Doug

The properties on our road had many such deed restrictions built into them. For example, people of italian descent were restricted from buying land here. Of course, such deed restrictions are no longer enforceable.

On the other hand, what you do need to worry about are deed restrictions that might prevent you from obtaining a variance. If you need a zoning variance to build a specific building on this property, or in a specific place, then those deed restrictions will definitely come into play. Remember, before your zoning board will rule on the issue, they will usually get input from your neighbors.

John

 

[Mike Costello]

Deed restrictions or HOAs aren't all bad.

It keeps the area from turning trashy in most cases. I wouldn't want to live next door to a garbage dump, an atv course 7 days a week or people not fencing in their animals, etc.. real basic stuff.

Restrictions please.

My experiences with HOA's is that they can become power mongers. The best test of a man (or woman) is to give them a little power. I once lived under a HOA that consisted of a few old ladys that had nothing better to do than run around with their clipboards and write up violations. They once tagged my wife and I for planting bedding flowers in our front yard. My violation notice stated that "perennials were not allowed unless approved my the commitee" I told them the flowers were in fact annuals and to go find something more serious to write up. So they went next door to my neighbor and wrote him up for planting roses. So much for beauty & caring for your property. Result: I canceled a pending purchase of that property. Shortly after, we purchased a new home elsewhere and moved out. That townhome remained vacant for almost 2 years. Never again. Mike.

 

[heehaw]

my inlaws subdivided some land years ago, an put deed restrictions in, now its up to the other landowners if they want them enforced: some of them thought the inlaws should enforce the restrictions: but when told it was in their hands, nothing else has been said:
heehaw

 

[jbos333]

This sounds kinda familiar to me....

I inherited 80+/- acres that was subdivided from a 150+/- acre farm when my folks bought it 15 or so years ago. I have been figuring on building a home there sometime soon.

The prior owner, now deceased, had put the restrictions on when he subdivided it. Among them were "no mobile homes or trailers" and no buildings within 100 ft. of road.

I have a friend with a nice doublewide he is looking to get off his lot, as he is close to the completion of a "regular" house at his place.

I had my lawyer look into this. He contacted the surviving spouse of the prior owner. She said she would waive the mobile restriction if the neighbors agree to it (the ones who bought the other half of original farm). The other neighbors, many of whom have mobiles on smaller lots already, don't factor into the equation, just the other party who purchased the subdivided tract.

I'm still deciding whether I want to pursue the mobile, or just stick build a small 800 sf or so home. But the lawyer said the best thing I could do if I want to go mobile is to take a few pictures of mobile in question, and take a copy of survey marked w/ proposed location and get together with the neighbor and see if they'll waive that restriction. In my case I'll be 500+ ft off road and behind a natural berm, not visible from road or neighbor's house at all, even in winter w/ no leaves. So I'm thinking they won't care too much.

This cost me about $100-150 for the lawyer's time. Well worth it IMO to at least know my options.

 

[dave1949]

My experiences with HOA's is that they can become power mongers. Mike.

Absolutely, to me HOA's and deed restrictions are two different animals. No such thing as a condo association without busy bodies.

The condo board where my Mom lives just voted to replace all the decorative fences around patios with vinyl fencing. I am sure there is an owner or two out of 80 that is pushing for this because their current wood fence is getting shabby and they would like to have a nice new vinyl fence. But they can't get that without everybody changing their fences, because you know it all has to look the same - because otherwise it wouldn't have that sterile, bland, characterless look we all appreciate so much
Dave.

 

[dave1949]

For example, people of italian descent were restricted from buying land here.
John

Were they nuts? Where did they think their pizza would come from? Once the Greeks get control of the local pizza shops, it's all downhill from there.

Dave.

 

[LBrown59]

This sounds kinda familiar to me....

I inherited 80+/- acres that was subdivided from a 150+/- acre farm when my folks bought it 15 or so years ago. I have been figuring on building a home there sometime soon.

The prior owner, now deceased, had put the restrictions on when he subdivided it. Among them were "no mobile homes or trailers" and no buildings within 100 ft. of road.

I have a friend with a nice doublewide he is looking to get off his lot, as he is close to the completion of a "regular" house at his place.

I had my lawyer look into this. He contacted the surviving spouse of the prior owner. She said she would waive the mobile restriction if the neighbors agree to it (the ones who bought the other half of original farm). The other neighbors, many of whom have mobiles on smaller lots already, don't factor into the equation, just the other party who purchased the subdivided tract.

I'm still deciding whether I want to pursue the mobile, or just stick build a small 800 sf or so home. But the lawyer said the best thing I could do if I want to go mobile is to take a few pictures of mobile in question, and take a copy of survey marked w/ proposed location and get together with the neighbor and see if they'll waive that restriction.
*In my case I'll be 500+ ft off road and behind a natural berm, not visible from road or neighbor's house at all, even in winter w/ no leaves. So I'm thinking they won't care too much.
This cost me about $100-150 for the lawyer's time. Well worth it IMO to at least know my options.

*It's illegal to treat a double wide any different than any other house .
Sounds like the restriction is a violation of law which means it's not enforcable.

 

[zzvyb6]

If you can find a deed restriction violation on ANY one of the 9 other tracts in that subdivision, then ALL violations are un-enforceable. In my township, they will not enforce deed restrictions any more. In fact, there is usually no connection between the Township's building department and the Planning Commission. That means that the Building Department is only concerned about structire and electrical safety, not whether the building is legally located, legally sized, or for its intended purpose!

 

[scgargoyle]

Many of the things that are in deed restrictions are now actually part of the IBC that many states, counties, and municipalities follow. I read most of IBC 2006, which SC uses, and there are things in there about junk cars, keeping your grass mowed, etc., etc. Most places don't actually enforce all that stuff (indeed, it seems like everyone in rural SC has a few junk cars) but they could if they wanted to. For instance, I can't have an 'inoperable motor vehicle' anywhere on my 7 acres unless it's in an enclosed building! Most people don't know about all these things slipped in until it's too late. Welcome to Amerika. I think deed restrictions and HOA's are fine for those that want them, but there should be a place where the rest of us can do what we want within reason. Obviously, people shouldn't be able to pollute the environment, or make loud noise all night, but how is an 'inoperable motor vehicle' that no one can even SEE gonna hurt anyone? (Climbs down off of soapbox)

 

[kthompson]

The deed restrictions state:
"The property shall be used for farm or residential purposes only; and no business or commercial enterprise of any kind shall be conducted or permitted on such property"

Wonder if the IRS knows farming is not a business or commercial enterprise?

LBrown, it might be a law in your state you can not treat a double wide different than a stick built house but don't think you will find that to be the case in South Carolina. The zoning reads something about "mobile homes" with nothing to say single wide or double or even three wide units. Now modular homes are considered stick built I believe by most if not all.

Sometimes deed restrictions have a time limit to them or a trigger or such that causes them to end. I would hire a lawyer.

 

[dave1949]

. I think deed restrictions and HOA's are fine for those that want them, but there should be a place where the rest of us can do what we want within reason. )

That's the rub. Say you do want them and have them. Along comes a new neighbor that just doesn't give a hoot. They will hire a lawyer to see just how strong or breakable those restrictions are - as some have suggested in this thread. Why buy trouble?

It's mostly the people who do want restrictions that get the short end of that stick or at least end up paying a lawyer when they shouldn't have to.

There certainly should be a place for almost anything you would wish to do, and there probably is. My point is, you should be the person that finds that place since you are the one needing it - and I mean this is a friendly way but can't express in a message.

You made a lot of good common sense points in your post.
Dave.

 

[buckeyefarmer]

Some minor deed restrictions I could handle, but I would look for an area without them. I turned down buying a lot because of the deed restrictions. HOA are another beast. Been there, done that, will never do that one again.

 

[CinderSchnauzer]

I think deed restrictions and HOA's are fine for those that want them, but there should be a place where the rest of us can do what we want within reason.

In my mind, the problem is when someone who wants to "do what we want within reason" decides they should be able to move into an area with deed restrictions / HOA's / Zoning Bylaws and still feel they should be able to do what they want regardless.

Example, some years ago we purchased a new home, in a new subdivision, zoned R1 (Single Family Residential) There was a HOA and all kinds of restrictions - registered on title and included as part of the Offer To Purchase - so no one could say they were not aware. All the homes were controlled and ranged in size from approx. 2000 - 4000 SQFT.

For the most part everything went along smoothly for many years. Then, the city powers decided there was a shortage of accommodation for the nearby university students. Almost overnight, after Council voted to change the bylaws, single family homes started to be converted to student housing, with up to 7 unrelated individuals allowed per house. Since most of the houses lacked parking for 6 or 7 cars there was a lot of street / lawn. Council also decided these "rooming houses" should have separation of no less than 150'. Effectively this meant when a house converted to rental the three houses on either side were prevented from being converted. The "rooming houses" started to be sold based on cash flow value, whereas the single family houses actually lost value since buyers wanting to live in a neighborhood of single family / owner occupied homes didn't want to buy there, except at a discount.

In our minds we had moved into a neighborhood of single family owner occupied houses, not a rental project with many of the homes controlled by absentee landlords, whose main motivation was maximize revenue.

Essentially the purpose of zoning, restrictions etc is to bring some level of order to a process and to created shared expectations. A rational buyer makes it a point to be aware of these matters prior to purchase. If the buyer does not like the rules of the game - play somewhere else - don't expect those who are there first and are already playing by the rules to change for your benefit.

 

[dave1949]

Then, the city powers decided there was a shortage of accommodation for the nearby university students. Almost overnight, after Council voted to change the bylaws, single family homes started to be converted to student housing, with up to 7 unrelated individuals allowed per house. Since most of the houses lacked parking for 6 or 7 cars there was a lot of street / lawn. Council also decided these "rooming houses" should have separation of no less than 150'. Effectively this meant when a house converted to rental the three houses on either side were prevented from being converted. The "rooming houses" started to be sold based on cash flow value, whereas the single family houses actually lost value since buyers wanting to live in a neighborhood of single family / owner occupied homes didn't want to buy there, except at a discount.

In our minds we had moved into a neighborhood of single family owner occupied houses, not a rental project with many of the homes controlled by absentee landlords, whose main motivation was maximize revenue.

Essentially the purpose of zoning, restrictions etc is to bring some level of order to a process and to created shared expectations. A rational buyer makes it a point to be aware of these matters prior to purchase. If the buyer does not like the rules of the game - play somewhere else - don't expect those who are there first and are already playing by the rules to change for your benefit.

CinderSchnauser -
Well said, this is the point I am trying to make. Your concrete example from actual experience is a good one.

I grew up in a university town 25,000 students. Next to off campus housing is not generally where one would care to live - unless you want to be a 20 yr old the rest of your life and just can't get enough bass thump in your life.
Dave.

 

[jinman]

In my area, most problems with people not following deed restrictions is almost completely economically driven. Folks who have a very low income are able to purchase property through the Texas Veterans Land Board and pay around $150 per month for 30 years. This is raw land with only a rural electrical company and telephone land line available. There are no water utilities nor municipal garbage/trash collection.

Within 1/4 mile of me, I have a fellow who tried to live in an old school bus until the neighbors (me actually) turned him in to the county because he had a child living in those conditions with no running water nor proper sewer. When he moved out, he left the school bus, an old pickup with camper, and eyesore trash. Before him, his father had decided to build a big steel framed teepee and got it about 5% started before he had to give it up. He also built a cattle-guard looking bridge to nowhere out of old trailer axles that he welded up. At that time, he was working as a welder and had a truck with welding equipment available to him. His solution for everything was to weld something up. It was a classic "when all you have is a hammer, everything looks like a nail" situation. When he lost his job, he went into a deep alcoholic depression where he thought all his actions were being watched by the CIA.

Next to him is Chainsaw Bob. Bob bought the property and set about building a small two-story kit house. He got all the raw framing materials delivered, but had no electric power. He used a chainsaw to cut all his framing materials and that gained him the nickname I created for him. Chainsaw Bob actually got his house framed, roofed, and tar-papered before he quit making progress. It took him two more years to get electrical power and four years to get a well drilled. At this time, he has two septic tanks sitting beside his driveway, but no sewer system. Around his house are no less than 5 inoperable vehicles. He has no job or hopes of getting one. His unemployment is sure to run out soon.

Next to me is Pow-pow! Larry. I call him Pow-pow! because for the first year he owned the property, all he did all day long was shoot guns. After a year, he bought a used mobile home and put in a well and proper sewer system. I remember him telling me that he had $14k to spend and that was all the money he had. He worked as a commercial electrician's helper and his significant other had one son. They set up housekeeping and soon were married. He started a welding business on the side and that was doing okay for awhile. His wife got a job at a local lumber company and things were looking up until he got fired from his electrician job. About two weeks after that, his wife hurt her back at the lumber yard and things really went downhill after that. Suddenly, junk started appearing all around their house. Larry would take anything metal he could get for free, but it all ended up in a pile on his property. While trying to support himself as a welder, he also tried to do several fabrication jobs like building barbecue smokers, choppers, VW dunebuggies, trailers, etc. Many of these projects ended up being half-done and just sat on his lot, contributing to the accumulating junk. Things continued to go downhill when his wife divorced him and moved out after the mobile home was repo'd. Life was not good for Larry and continues to be a challenge because he refuses to enter the mainstream and get a regular job. His life will continue to exist on the edge of poverty until he gets seriously hurt or some other catastrophic event causes his world to collapse.

At the risk of being redundant and long winded, I could go on and on with stories of at least three other neighbors whose lives parallel the ones above. All of them walk the thin line of poverty, and all are here because of the availability of easy credit and low payments. For these people, deed restrictions mean nothing and their lives would not be any worse even if you were to take them to court. Your options are to buy enough land that you can isolate yourself from their lifestyles and try to get along with them on a limited basis. I just think there have always been people who barely survive and there will continue to be others. I continue to love my lifestyle and try not to interfere with theirs unless they become too much of a danger to my family or property. I try to be neighborly without necessarily being friendly.

 

[dave1949]

Jinman,

Did any of your neighbors move to Texas from Maine?

Dave.

 

[Mike Costello]

Interesting and informative posts here. As for myself, I like to follow one of my favorite sayings by John Wayne: " I don't do those things to other people and I won't have it done to me". Mike.

 

[mapmaker]

I am the Zoning Administrator for a small town. The Town requires that for any new construction the landowner applies for a Zoning Permit. One of the items that I check before issuing a permit are deed restrictions. If I find a restriction that prohibits the use I will not grant the permit.

Something to think about prior to purchacing land: How will the restriction affect you when and if you decide to sell the land. Just something to think about.

 

[blueriver]

I say if you can live with the restrictions buy it ... if not leave it alone.

As my grandpa would say ... If you do it and have a problem later, don't come cryin to your grandma