Lot with deed restrictions written in 1985??

Question

Looking into a lot that my wife and I love, but comes with some deed restrcitions written in 1985 that include:

- liveable area cannot be smaller than 1500sq ft (we want something like 1300)

- no poultry whatsoever

- only one property can be built, 2 family max. this is 5+ acres, we want the flexibility to build 2 houses on it!

- no temporary structures (this property comes with an off grid cabin which is super cool) so it looks like previous owners already broke the deed restriction.

- bunch of other random crap about how the house should look, similar to an HOA

Can anything be done to overturn some of this stuff?

Jay Hinrichs · Answer

Alecia dont give up on trying to solve the ROW..  I have been successful getting ROW and actual city streets abandoned and removed. what needs to happen is everyone who benefits from the ROW has to sign off if that cant happen then it wont be removed.. the property it serves you cant leave land locked either .. dont know your situation but its worth exploring.

Sarah Kensinger · Answer

If you're not comfortable with what is written out and legally binding, I would highly recommend just looking somewhere else for property. Your peace of mind is worth more than a piece of land, and many times changing bylaws is not worth the hassle.

Matt Devincenzo · Answer

This isn't uncommon, I've seen many from back in the 30's and 40's. It used be a more common way to implement the equivalent of zoning standards before zoning was a thing.

As far as the impact, first who is the beneficiary of the restriction? These are all private so someone had to include them, and then that person can pursue you for failure to comply. I had a client looking at two lots that needed to be built with one house based on a 1930s deed restriction. I told him I'd gamble that there's no one who even knows that restriction exists to enforce even if an heir lived in the area...the way to legally eliminate them is either get the beneficiary to record a new document (possibly a QC deed) to eliminate their restrictions, or pursue a Quiet Title if you think the person is no longer around or their heirs are not identifiable.

The final thought...it's also common for some of these to no longer be legal and enforceable. Many of the restrictions I've seen from that era said "no Jews, blacks or others of non white heritage". Obviously there are many more recent laws that supersede those restrictions. So if some of your restrictions are no longer enforceable then you can 'violate' those without fear...another common one is no additional dwellings or structures which would apply to ADUs, where I am they are legal state wide and cannot be restricted by HOAs or private restrictions.  So that provision is unenforceable now as it relates to ADUs at least.

Michael Baum · Answer

Hey @Nik Kov, so is this in some kind of neighborhood?

I will say that these restrictions look like something the county put in place due to zoning or whatever and not some kind of HOA.

If that is the case, they will be nearly impossible to remove.

The size of the house is pretty typical of a lot of county guidelines. 200 extra SQFT is not that big a deal IMHO.

The property is a zoned SFR1 or whatever the New York state zoning codes are. That is something that isn't going to be changed.

Regarding the cabin, that could be considered a fixed structure. Even with no power to it. We have a garden shed on a foundation that is considered a permanent structure. Temporary structures would be something like those steel, freestanding carports.

That "random crap" is a way to keep the area looking typical stylistically with other homes. They don't want a super modern home build in an area filled with craftsman or farm style homes. That can really throw off property values.

Just move on to a different lot if you can't live with these restrictions. Even if they are for the neighborhood, they are very difficult to remove.

Alecia Loveless · Answer

@Nik Kov Am currently dealing with a ROW that was granted over 50 years ago. It has not gone in my favor and is taking up the entire useful part of my lot that I am stuck owning and paying taxes on because it is tied to a mortgage on a MFH that I own. (There are two lies tied together on the mortgage and the first has the multi family property and the second is a vacant lot I was planning to develop that now I can’t because of a 75 ft. ROW.

You will not be able to overturn these restrictions. If it’s a deal breaker then I’d say find a different property.

John Underwood · Answer

As others have said, just go ahead and meet the minimum sq footages and try and not violate the other restrictions so that no one has cause to come after you for any violations.

Bruce Woodruff · Answer

@Nik Kov I would not let a couple hundred SF worry me a bit, that's just a bedroom really...

I would not buy this and take a chance on anything. Talk to the City/County and get it in writing that you can do what you need/want to do. Before going any farther...

Lot with deed restrictions written in 1985??

Most Popular Reply