What is a deed restriction?

Definition of Deed Restriction

A deed restriction is a written agreement that restricts or limits the use or activities that can take place on a specific property.

Why is this term important?

A deed restriction limits or governs the use of the land or property. Like easements, deed restrictions appear in the real property records, which are housed at the county Land Titles Office or Land Registrar office. They are private agreements and are binding upon every owner in a subdivision.

Typically, these restrictions are private agreements primarily used in subdivision builds. These restrictions are, however, binding so that every owner in a subdivision must be compliant. The restrictions stay with the title of the property and, as a result, transfer from one owner to another owner of a particular property.

Examples of term

These restrictions appear in the real property records and are typically, but not always, used in subdivision new build communities.

To remove a deed restriction all property owners must expressly consent to this change, as must all other legal entities impacted by the change to the deed.