Deed restrictions

[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