Restriction
A restriction is a limitation placed on the use, development, or transfer of real property, typically recorded in public records and running with the land. Restrictions can be imposed by previous owners, developers, government entities, or homeowners associations and may limit building height, architectural style, property use, or even who can purchase the property. These limitations are legally binding on current and future property owners regardless of whether they agreed to them.
Example
“The deed restriction prohibited building any structures taller than two stories to preserve the neighborhood's character.”
Memory Tip
Restriction has 'strict' in it - think of strict rules limiting what you can do.
Why It Matters
Property restrictions directly affect what owners can do with their property and can impact resale value, making it crucial for buyers to understand all limitations before purchasing.
Common Misconception
Many buyers think they can simply ignore or challenge restrictions they don't like, but most restrictions are legally enforceable and can result in costly legal action or forced compliance.
In Practice
A homebuyer planning to operate a home business discovers the property has a restriction prohibiting commercial activities, forcing them to either find a different property or abandon their business plans.
Etymology
From Latin 'restrictus' meaning 'drawn back' or 'confined,' describing how property rights are drawn back or limited.
Common Misspellings
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