Oregon Grant of Deed Restriction - Restriction of Uses Limited Living Space - Non- Resource Zoned Land
Definition and meaning
The Oregon Grant of Deed Restriction - Restriction of Uses Limited Living Space - Non-Resource Zoned Land is a legal document that establishes specific covenants and restrictions regarding the use of real property in Oregon. This form is particularly relevant for landowners seeking to place a temporary second living area on their property due to medical hardships or the need for additional living space. It helps ensure that the property is used in compliance with local land use laws.
How to complete the form
To properly complete the Oregon Grant of Deed Restriction, follow these steps:
- Fill in the names and addresses of both the grantor and grantee as required.
- Specify the date of execution at the top of the form.
- Detail the property being restricted, referencing the Assessor's records for accuracy.
- Indicate the consideration received for the restriction, valued appropriately.
- Confirm the legal basis for the temporary living area by citing the relevant ordinance and county code.
- Finalize by signing in front of a Notary Public and obtaining the necessary notarization.
Legal use and context
This form is used within the context of Oregon's land use regulations to manage non-resource zoned lands. These lands are designated for specific types of development and use, and this grant restricts the use to a secondary, temporary living space under certain conditions. It is crucial for landowners to understand the legal implications and ensure compliance with local ordinances before utilizing this form.
Key components of the form
The essential components of the Oregon Grant of Deed Restriction include:
- Identification: Clear identification of grantor and grantee.
- Property Description: Detailed description of the property involved.
- Permitted Uses: Definition of the temporary living space conditions.
- Inspection Rights: Granting inspectors from the Community Development Director the right to check for compliance.
- Notarization: Requirement for the form to be signed by a Notary Public for legal validation.
Common mistakes to avoid when using this form
When completing the Oregon Grant of Deed Restriction, individuals should be wary of the following common mistakes:
- Failing to provide accurate property descriptions can lead to invalid restrictions.
- Not citing the correct ordinance or county codes may result in legal issues.
- Overlooking the notarization requirement can nullify the document.
- Ignoring local land use laws may expose the property owner to fines or penalties.
What to expect during notarization or witnessing
During the notarization process for the Oregon Grant of Deed Restriction, the following steps typically occur:
- You will present valid identification to the Notary Public.
- The Notary will review the document to ensure it is complete and correct.
- You will sign the document in the presence of the Notary.
- The Notary will then add their seal and signature, affirming the authenticity of the document.
It is advisable to schedule an appointment with a Notary Public in advance to ensure a smooth process.
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FAQ
A deed restriction is a limitation on how you can use your property. Deed restrictions can limit what you do on your property as well as what you can build on your land. They often involve a homeowners association. HOAs institute these standards to keep property values high.
Unless it's actively specified in the deed restriction, deed restrictions are permanent. In some cases, the deed restriction simply says that you have to be a member of the HOA, but the actual restrictions are in the bylaws. Deed restrictions pass on to anyone who buys the property, regardless of what they are.
Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
Deed restrictions control how the property is used. Once they have been recorded, they run with the land. They bind current and future owners of a property.
Deed restrictions place conditions on the deed to a property setting out certain limits or acceptable uses. The conditions, also known as covenants, run with the land and as a result bind current and future homeowners.
Can a restrictive covenant be removed? For prospective land or property purchasers, it may be possible to speak to the vendor or 'successor in title' with a view to having any restriction lifted. In other words, you may be able to remove your restrictive covenant- but there are no guarantees.
A deed restriction can also be removed by a court order in some rare circumstances. If the deed restriction is discriminatory or illegal in other ways, a court will order it to be removed. In some situations, a judge can also find a deed restriction to be unfair and have it removed.
Typical deed restriction regulations include prohibitions on mobile homes, junk, commercial or business activities in a residential area, dwellings under a certain size, further dividing the lot involved, multi-family use, nuisances, farm animals, or large pole barns.
If you're considering a house with a deed restriction, you may be able to get the restriction removed before making your purchase. Here's what the process looks like: Get a copy of the covenant detailing the deed restriction. You'll need to go to the courthouse or your county clerk's office for this.