Oregon Grant of Deed Restriction - Restriction of Uses Limited Living Space - Non- Resource Zoned Land
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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.