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.