Q:

What are some common laws that deal with deed restrictions?

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Quick Answer

Federal statutes relating to deed restrictions include section 200.72 of title 24 of the code of federal regulations, which requires developers participating in certain Federal Housing Authority projects to comply with applicable deed restrictions, explains the U.S. Government Publishing Office. State ordinances dealing with these covenants include section 72 of chapter 5301 of title 53 of Ohio's laws, which invalidates deed restrictions prohibiting the placing of flags in certain locations, reports the state's website.

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Full Answer

Deed restrictions are private agreements that impose certain limits on property use, according to LegalMatch. In addition, these covenants may place limits on the title to a property and require, for instance, prospective buyers to meet certain conditions. Deed documents typically contain a list of the specific restrictions applying to particular properties.

There are many forms of deed restrictions, but some of the more common types regulate the development of existing homes, introduce restrictions relating to the uniformity of structures in certain residential areas, or set the conditions that should apply during the deed transfer process, notes LegalMatch.

These covenants, which may be necessary for the proper management of certain properties, are generally backed by the full force of the law, states LegalMatch. However, some deed restrictions are legally unenforceable. These include agreements requiring enforcement conditions that are no longer valid, covenants that violate public policy, and impositions inconsistent with federal, state or local regulations.

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