What Is a Deed Restriction in Real Estate?

A deed restriction — also called a restrictive covenant — is a rule recorded in a property’s deed that limits how the property can be used. These restrictions are usually created by a developer, HOA, or previous owner and stay with the land, even after it changes hands.

🏡 How Deed Restrictions Work

Deed restrictions are legally binding and appear in the property’s recorded deed. Because they “run with the land,” future owners must follow them too. Typical limits might include building size, exterior color, or whether you can keep certain animals on the property.

📜 Common Examples of Deed Restrictions

  • Prohibiting mobile homes or specific types of fences
  • Requiring HOA approval before exterior changes
  • Restricting use to residential purposes only
  • Setting minimum square footage or design standards
  • Limiting tree removal or landscaping changes

These rules are especially common in subdivisions or HOA-governed communities where uniform appearance is valued.

⚖️ Why Deed Restrictions Matter for FSBO Sellers

When selling your home FSBO, understanding deed restrictions helps you disclose them accurately. Buyers who discover limits later might back out or demand repairs. Full disclosure not only protects you legally but also builds buyer trust when listing through the MLS.

🔍 How to Find Deed Restrictions on Your Property

  • Review your title search or closing documents.
  • Request copies from your title company or county recorder.
  • Check HOA or community bylaws for recorded covenants.
  • Ask a real estate attorney to interpret any unclear language.

If a restriction conflicts with your plans, you may apply for a variance or petition the HOA for an amendment, depending on local laws.

🏠 Listing Soon? Know Your Restrictions First

Understanding your deed restrictions ensures a smoother sale and fewer surprises. Brokerless helps you list confidently on the MLS — the same platform agents use — for a low flat fee.

View Flat Fee MLS Plans

❓ Deed Restriction FAQ

1. Can a deed restriction be removed?

Sometimes. It depends on who created it and local law. HOA restrictions may require community votes or legal action to remove.

2. How long do deed restrictions last?

Some expire after a set term (such as 25 or 50 years); others are permanent unless legally changed.

3. Who enforces deed restrictions?

Usually HOAs, developers, or neighboring owners with shared interests in community standards.

4. What happens if I violate a deed restriction?

You could face fines, lawsuits, or injunctions requiring compliance — so review all restrictions before selling.

5. Are deed restrictions public record?

Yes. They’re recorded with the county and typically appear in your title search or property deed.

📚 Explore more real estate terms in our What Is in Real Estate glossary.