Covenants Form With A Goddess Of Corruption In Virginia
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FAQ
Removing deed restrictions is not easy, but it's possible. You'll need to get consent, either from the governing body that set them — your city or HOA, for example — or from the other parties involved in the restriction, like neighbors.
Generally speaking, deed restrictions do not expire unless there is a specified, written expiration date. If there is a specific expiration date, it is possible for an HOA to vote to extend the time limit on the restriction.
What Happens if You Break a Deed Restriction? If a deed restriction is broken, the party who created the restriction or their heirs may seek to enforce the restriction by filing a lawsuit to take the property back.
Restrictive covenants in employment agreements (like non-compete and non-soliciation provisions) are disfavored in Virginia and only enforced when narrowly crafted so that the restrictions are no broader than necessary to protect the employer's legitimate business interests.
Deed restrictions usually apply for a defined period of time, such as 30 or 45 years, after which they expire. In some programs, the clock restarts each time the home is sold, so in practice the deed restrictions tend to apply for much longer.
