Private Restrictions on Ownership (9/13/12)

Although it may seem like once you own a piece of land you can do whatever you want on it or with it, that is far from the truth. There are restrictions on how a landowner may use a property from a nongovernmental authority in the way of:

• Easements
• Liens
• C,C,&R's

A classic example is a deed restriction written by a developer of a neighborhood to promote the betterment of the development. These can range from colors you may paint your house, to landscaping, to the style of mailbox you must have. In the following example, it lists certain materials that must be used on a garage, how a building must be used, and required distances from roads. The list could literally be infinite of what could be on a deed restriction because it really depends on the lifestyle desired and the location of a development.

 The actual language of a private restriction seems relatively loose in diction and style but that helps the average person understand what it means rather than having dense language that can't be readily deciphered. Despite these rules coming from a private source, they are fully enforceable in the courts and help maintain a lifestyle and property value within a community. I do not explicitly know the private restrictions in the two communities I call home, but for most residents of a neighborhood, like myself, it is pretty clear when something is in violation. These private restrictions are in place so everybody can enjoy their real estate for its intended purpose, so when somebody steps out of line, neighbors take notice and demand repair or change. Here is an example of a resident taping his neighbor's violation either for evidence or public humiliation online.

This a pretty funny example of a private restriction violation, but it goes to show that these are real restrictions that affect how you can use your property and what you can expect of others.