Deed Restrictions: What They Are and How to Find Them

What a deed restriction actually is

A deed restriction (also called a restrictive covenant) is a privately created rule limiting how a piece of land can be used, built on, or divided. It gets written into the deed itself, or into a separate document recorded alongside it, and it binds every future owner of that parcel -- not just the person who signed it. Unlike zoning, which a city or county government sets and can change through a public process, a deed restriction is a private agreement, typically created by the original developer or a prior owner when the land was first subdivided.

That distinction matters more than it sounds like it should. Zoning is public law, enforced by the county; a deed restriction is a private contract, enforced by whoever holds the right to enforce it -- often a homeowners association (HOA) or property owners association, but sometimes an individual neighbor or the original developer's successor.

Where deed restrictions come from

Most deed restrictions on rural and semi-rural land originate when a larger tract is subdivided. The developer records a master document -- often called a declaration of covenants, conditions, and restrictions (CC&Rs) -- that applies the same set of rules to every lot in the subdivision, then each individual deed references that master document. In older or informal subdivisions, restrictions can also be added lot-by-lot, or imposed by a single prior owner selling off a piece of a larger parcel.

Common restrictions you'll actually run into

What gets restricted varies enormously by subdivision, but the categories that show up again and again on land parcels include:

• Manufactured or mobile homes prohibited, or restricted to specific age/size/foundation requirements
• Minimum square footage for any dwelling built on the lot
• Livestock, poultry, or certain farm animals prohibited or capped in number
• Limits on outbuildings, fencing materials, or exterior colors, sometimes enforced through an architectural review committee
• Restrictions on subdividing the lot further, or on short-term rental and commercial use
• Setback or building-envelope requirements that are tighter than the county's zoning setbacks

None of these come from the county. A parcel can sit in a zoning district that would allow a manufactured home or backyard chickens, and still be legally prohibited from having either, because of a deed restriction layered on top of that zoning.

Why deed restrictions can be stricter than zoning

Zoning sets a floor and a ceiling for an entire district -- it has to accommodate every landowner in that zone, so it tends toward broader, more permissive rules. A deed restriction only has to satisfy the people who created it, usually a developer trying to protect property values or maintain a consistent look across a subdivision. That's why restrictions are so often narrower than zoning: they're written for one specific development, not an entire township. A buyer who checks zoning and stops there can still end up unable to do something zoning would clearly permit.

How to find deed restrictions before you buy

Deed restrictions are recorded in the public land records, typically at the county recorder, register of deeds, or clerk of courts, so they are discoverable -- but the county zoning office will not tell you about them, since they aren't a zoning matter. The reliable ways to find them:

• Order a title search through a title company or real estate attorney. A proper title search traces the chain of title back decades and should surface every recorded covenant, CC&R declaration, and restriction affecting the parcel, not just the current deed language.
• Pull the recorded deed and any referenced declaration directly from the county recorder's office and read the full legal description and any attached or incorporated-by-reference documents, not just the granting clause.
• Ask the seller or listing agent directly whether the property is part of a subdivision with recorded covenants or an active HOA, and ask for a current copy of the CC&Rs.

Make reviewing recorded restrictions part of your due-diligence period, alongside the title search and survey -- see our national guide to before you buy land for the full sequence.

How long they last, and how they get enforced

Deed restrictions generally don't expire on their own unless the recorded document specifies a term -- many are written for a set period (commonly 25 or 30 years) with automatic renewal unless a majority of owners votes to let them lapse, while others are recorded as running indefinitely. Enforcement is typically the HOA's job where one exists: violations usually start with a warning notice, escalate to fines, and in persistent cases can lead to a lawsuit seeking an injunction or damages. Where there's no HOA, enforcement generally falls to individual property owners in the subdivision, who can sue to enforce a covenant even if no association exists.

Because enforcement rights are usually tied to a statute of limitations that starts running once a violation is discovered, a restriction that has gone unenforced for years is not the same as a restriction that has been legally removed -- don't assume a rule is dead just because a neighbor's violation went unchallenged.

What this means for you as a buyer

Never assume a use is allowed just because the zoning permits it. If your plan depends on a manufactured home, keeping livestock, building under a certain square footage, or running a home-based business, get the actual recorded restrictions in hand and read them -- or have your attorney read them -- before you're under contract with money at risk. If restrictions exist and conflict with your plan, find out early whether there's a realistic path to a variance or amendment, because removing or modifying a recorded covenant is typically much harder than getting a zoning variance.