The day I planned to close on an acre lot where I hoped to build a brand-new house, my real estate agent turned up a deed restriction that limited the number of garages I could construct. I had intended to build three, but according to the deed, I could have only two.
This seems like the ultimate First World problem, I know. But it was the first deed restriction I, as a new developer, had encountered, and I didn’t understand why this rule had come out of nowhere to block my progress on land I was paying good money for.
As it turned out, the restriction was more than 50 years old and created by a neighborhood association that had long ago ceased to exist—and therefore couldn’t enforce it. I ended up closing the deal, but I had to consider all the dreamy-eyed buyers who longed to build their own home and were thwarted by rules—archaic or not.
And here’s the rub: Deed restrictions and deed-restricted communities affect more than would-be home builders. Homeowners can be restricted by anything from the number of bedrooms in a house to the types of vehicles in the driveway. It’s best to know about deed restrictions before you buy, so let’s take a look at what they’re all about.
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