deed restrictions

Discussion in 'Homesteading Questions' started by Prinls, Aug 6, 2005.

  1. Prinls

    Prinls Active Member

    Messages:
    32
    Joined:
    Jul 19, 2004
    Location:
    Ohio
    I was curious to know if anyone has bought a property with deed restrictions? In particular those with restrictions on animals. If so how is this enforced? How would one know if animals are 4H or kept as pets/food?
     
  2. texastami

    texastami Zone 7B Supporter

    Messages:
    2,481
    Joined:
    Sep 13, 2002
    Location:
    beautiful Pacific Northwest

    I know that we are "Strictly enforced deed restricted" - meaning ANY animal that is considered livestock (their definition) and that INCLUDES being used as 4-H or a pet. I had to call the "office" to get clearance on the two rabbits we got because they were considered livestock. The only thing we are allowed to have are cats and dogs.... Dang dogs do more damage than any RABBIT could ever do!!!) UGH!

    As far as how would one know? We have "inspectors" who drive around in little carts during the week looking for INFRACTIONS!! Trust me, if they are that DEED RESTRICTED, you'll get ratted out by someone!!!

    I CANT WAIT TO MOVE OUTTA HERE!!!
     

  3. Wolf mom

    Wolf mom Well-Known Member

    Messages:
    8,550
    Joined:
    Mar 8, 2005
    Location:
    Appalachian Foothills
    Ditto & double ditto. Can you tell I dislike 'em? If there's an association, some people get power hungry!
     
  4. kmaproperties

    kmaproperties Well-Known Member

    Messages:
    222
    Joined:
    Jul 6, 2005
    Location:
    ohio
    we purchase land all the time for building purposes. Deed restrictions go with the land, they can not be changed, they are 100% enforceable.

    The only way to get them removed is if all parties affected/ entire developement, all lots touching yours, anyone in your area with same restrictions must be notified and sign off.
    We have tried many times and have never been successful, there is always one creep who says no just to say no.
    Good luck.
     
  5. DrippingSprings

    DrippingSprings In Remembrance

    Messages:
    1,947
    Joined:
    Sep 22, 2004
    Location:
    Alabama
    I never understood why anyone would buy land with restrictions anyway. I can do anything I want to on mine as I should be since I paid for it. People never cease to amaze me. Like my sister out in Texas bought a big ol house in a community where she has to get approval from the home owners association even before she plants flowers. There is enough government regs out there without self imposing even more.
     
  6. Mike in Ohio

    Mike in Ohio Well-Known Member

    Messages:
    3,143
    Joined:
    Oct 29, 2002
    We bought our land with deed restrictions attached. There is no homeowners association so if you think your neighbor is breaking the deed restrictions then it is up to you to deal with it. The ones attached to our property (and the surrounding parcels) are the standard ones from a subdivider called Bruner Land.

    If there was anything I didn't think I could abide by I wouldn't have bought the property. If a neighbor breaks them and it causes me problems then I'll deal with it. They shouldn't have bought the property if they weren't willing to abide by the restrictions. Basically, the Bruner restrictions limit the use of the property to agricultural and residential use. Also, the restrictions expire after 99 years.

    As usual, just my 2 cents.

    Mike
     
  7. kasilofhome

    kasilofhome Well-Known Member

    Messages:
    10,482
    Joined:
    Feb 9, 2005
    Location:
    Alaska- Kenai Pen- Kasilof
    Being able to buy land with out restrictions is very hard. One third of the total land mass of the lower 48 the in the united states has a restiction that the mineral rights totally belong to the legal cit. of the State of Alaska. (Alaska equals 1/3 of the land size of the 48 states combined.

    Not all restriction are enforcable. ex. In Scarsdale, New york it is illegal to sell to "colored" yet the statement will show up on a prelim and in a title search. The restriction can not break any laws.

    Water rights, timber rights, utility rights most land has some restrictions.

    That is just life. Read your title search or abstract.