The Real Estate Encyclopedia
What Are Deed Restrictions?
Category - Home Selling Questions - Selling Legal & Closing FAQ's

Deed restrictions are provisions placed in deeds to control the future uses of the property.  The restriction may be either a deed condition or a deed covenant.  A condition creates a conditional fee estate, which means that if the condition is breached, the title may revert to the grantor or the grantor’s heirs.  A covenant is a promise between tow or more parties in which they agree to perform or not to perform specified acts on the property.  If a deed covenant is breached, there can be a suit for money damages or injunctive relief.  Deed restrictions normally “run with the land,” meaning they transfer from one owner to the next. 

Home Selling Questions - Selling Legal & Closing FAQ's
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