What are Deed Restrictions? Deed restrictions are terms and conditions that are part of the deed to your property, and place limitations on how you may use your property. When this area was originally platted as a subdivision the developer created this set of terms and conditions that applied to each and every purchaser of property, whether the property was bought by a builder, another developer or homeowner. Each subsequent purchaser of that property also bought the property "subject to restrictions of record".
Why have Deed Restrictions? Deed restrictions are for your benefit. They establish certain rules that must be followed by everyone within a given subdivision. Not only do deed restrictions prohibit parking boats and trailers on a driveway, as an example, they also require that all houses be no less than 2,000 square feet, for two story houses. Deed restrictions are designed to preserve the character, and hence value, of a neighborhood.
Who may enforce the restrictions? Deed restrictions are contracts between and among all property owners who live in a single subdivision. While your Homeowners Association has taken an active role in enforcing the deed restrictions, any one subdivision property owner may seek to enforce the restrictions against another subdivision property owner.
How are deed restrictions enforced? If any given situation has deteriorated to the point that a property owner refuses to live up to the terms of a deed restriction (that property owner has breached his/her contract) then that property owner can be sued, and if appropriate the court can force the property owner to comply with the deed restrictions.
