Deed Restriction
LegalA limitation on property use written into the deed or CC&Rs and binding on all future owners.
A deed restriction is any limitation or obligation placed on a property that is recorded in the chain of title and runs with the land. In HOA communities, deed restrictions are the heart of the CC&Rs — prohibitions on commercial use, requirements for architectural approval before exterior changes, pet restrictions, rental restrictions, and parking rules. Unlike a private contract between two parties, a deed restriction does not expire when the original parties leave — it binds every subsequent owner in perpetuity (unless it expires by its own terms or is removed by amendment). The HOA (and sometimes neighboring owners) can sue to enforce deed restrictions even without involving the court.
Deed restrictions can significantly affect what owners can do with their property — from building a fence to renting it out. Buyers must review all deed restrictions before purchasing.
Frequently Asked Questions
Can a deed restriction be removed?
Related Terms
CC&Rs
Covenants, Conditions, and Restrictions — the primary deed-recorded document governing what owners can and cannot do.
Covenant
A binding promise or restriction in the CC&Rs that runs with the land and governs property use.
Governing Documents
The complete set of legal documents that establish and regulate the HOA — CC&Rs, bylaws, rules, and the plat.
Easement
A right for a third party or the HOA to use a portion of a property for a specific purpose.
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Start 14-Day Free TrialThis page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.