Deed Restriction

A Deed restriction is a clause in a deed that restricts the use of the property conveyed.  Deed restrictions are private restrictions and not a power of government.  Deed restrictions are created by the grantor and are binding on the grantee and all future grantees.

 

•A deed could prohibit commercial use of the property

•A deed could prohibit sale of food or liquor (or both) from any establishment built on the property

•Deeds may restrict just about anything that is legal to restrict

•It is possible that a deed restriction could diminish the value of the property

 

Deed restrictions are similar to restrictive covenants or subdivision restrictions.

 

Deed restrictions are subordinate to zoning and other governmental restrictions.  If governmental restrictions conflict with deed restrictions, governmental restrictions will prevail.

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