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How can deed restrictions affect my property?

| Feb 5, 2016 | Real Estate Disputes |

An Arizona homeowner may think that once he has purchased a home, he has the freedom to do what he wants with the property. In reality, that is not always the case for a number of reasons, one of which includes deed restrictions.

Deed restrictions place conditions on properties in the form of restrictions, covenants or conditions. Typically, deed restrictions are intended to create visual and aesthetic unity between neighboring properties by prohibiting or limiting certain actions. They may have been placed on a property by a past property owner, or by the neighborhood, homeowners association, developer or builder. The ultimate goal of deed restrictions may be to maintain property values by encouraging a cohesive community.

There is a wide variety of deed restrictions that you may confront. Some restrictions impose limitations on landscaping or exterior paint colors. Restrictions can limit the style of homes allowed in a neighborhood and the materials used to build homes or outbuildings, as well as the proximity of homes to streets or other structures.

You, as a homeowner, might also encounter deed restrictions regarding outdoor storage, requirements regarding yard maintenance, how many pets you can have, and even whether you have the freedom to run a business from your home or to rent your home.

Deed restrictions have benefits, but, unfortunately, sometimes they lead to residential property disputes or other real estate litigation. If you have questions or concerns regarding your rights relative to certain deed restrictions, or the actions of neighbors in light of certain deed restrictions, you may benefit from seeking legal counsel.

Source: realtor.com, “Deed Restrictions Can Limit What You Do With Your Home,” Craig Donofrio, Mar. 6, 2016

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