We all have big dreams for our new homes—maybe adding a camelback master suite, plopping down an accessory dwelling unit in the backyard, planting an oak tree out front, or adding a pool and gazebo out back. But deed restrictions might get in your way before you can even start. 

Homeowners can face restrictions on a whole host of issues, such as the number of bedrooms when building from scratch (deed restrictions also apply to homebuilders and spec homes), the types of vehicles permitted to park in the driveway, or even the types of pets you’re allowed to keep on the premises. Some of these restrictions make sense: Prohibiting junk in the yard, for example, is beneficial for everyone. Others might feel overly restrictive and downright ridiculous, such as limitations on the type of mailbox you have.

Before you purchase a property, it’s important to know if it’s subject to any deed restrictions. Keep reading for a primer on what deed restrictions are, how to find out if your property has any, and how they're enforced.

What are deed restrictions?

Deed restrictions are regulations that dictate how you can use your property. Common deed restrictions include the size of your home (limiting square footage), the height of your structure or any foliage (no second stories or no trees to block a neighbor’s view), the types of vehicles parked at your home (no commercial vehicles or boats), the height and materials of fences, the types of animals allowed on a property (no livestock or pets of a certain size or breed), and added structures like carriage houses/granny pods, gazebos, pools, and basketball or tennis courts. 

These restrictions are similar to HOA rules in the sense that they dictate how you can use your property.

However, deed restrictions are attached to the land itself rather than the structure, unlike HOA rules that apply only to the structure.

Moreover, deed restrictions are judicial in nature, while HOA rules can be amended, added, or removed by an HOA board vote. It’s also possible that a property is subject to both deed restrictions and HOA rules simultaneously. 

How to Find Deed Restrictions on a Property

Before you purchase a property, you may want to find out what deed restrictions exist. Similarly, if you already own your home but you're considering an addition, you’ll want to look for any deed restrictions before you break ground on a big project. 

For would-be buyers, talking with your real estate agent is a good start—they can look at property records for you and search for deed restrictions that might’ve been outlined in previous listings of the home. If you’re looking at a property in a planned community, you could also reach out to the developer, who will know all too well the types of deed restrictions (if applicable) they were up against during the project.

We’ve talked about title companies in the past, and they’re another resource for you if you’re looking for deed restrictions. You can ask a title company outright to search for any deed restrictions, as they might not disclose them otherwise. Of course, public property records are another avenue. Visit your local county or municipal clerk’s office or try searching on the clerk’s website.

Last, if you have an active neighborhood association, the association council or president may be able to help. If you’re buying a fixer-upper or a vacant lot, it’s even more important to know and understand all pertinent deed restrictions.

Already own a home? You can find out easily if there are any deed restrictions by simply looking at the deed (if you’ve lost or misplaced your deed, you can request a new copy from the real estate attorney). As you page through the deed, look for synonyms like “restrictive covenants” or “restrictive agreements” if you’re unable to find the term “deed restrictions.”

Are deed restrictions legally binding?

Yes. They’re not always enforced, but if they are, you could face a fine or even court proceedings. Ignoring a deed restriction could even result in foreclosure. It’s a classic example of caveat emptor, or “buyer beware.” Even if a deed restriction seems silly, the onus is on the owner to know about it and comply. 

There are a couple of caveats, however—first, many deed requirements are historical agreements that nowadays might be wildly out of date, against accepted public policy, or even unconstitutional. Examples of such unenforceable deed restrictions include regulating the race or religion of an owner, or some other type of discrimination. In fact, discriminatory deed restrictions were ruled unconstitutional in 1948 in the landmark Supreme Court case of Shelley v. Kraemer.

Second, not all deed restrictions are unlimited, and they may expire or become void after a certain number of years.

Who enforces deed restrictions?

Typically, the person or group who created the deed restriction is the one enforcing it. If it’s an HOA rule rather than a deed restriction, you can reasonably expect the HOA to enforce it. If it’s a true deed restriction, the person or group who created it will enforce it through court. For example, if your city passed a law prohibiting keeping commercial vehicles on residential properties, the city could enforce the deed restriction. 

Is removing deed restrictions possible?

It can be done, but it’s difficult if you’re facing a true deed restriction. Unlike HOA rules, on which you can request a simple vote, removing deed restrictions is a legal battle. 

A judge is more likely to rule in your favor if no one is enforcing the deed restriction or if it’s no longer applicable. For example, if there’s a deed restriction on fences over 4 feet tall and yet most people in your neighborhood have put up higher privacy fences, you can probably have the deed restriction voided or removed (or you can simply ignore it and take on the likely minimal risk of someone filing a suit).

Deed restrictions truly run the gamut from perfectly plausible to overly prohibitive. Start with finding out what, if any, deed restrictions will affect your would-be property—many are liveable, but others might be a deal breaker.