Deed restrictions can be a hassle to change and very rarely get updated to meet modern laws. You’ll need to go through a formal process with the governing body of the restriction. Here are a few basic steps that may be necessary to change or be exempt from a restriction:
Step 1: Get A Copy Of The Covenant
A restrictive covenant is a contract detailing the terms of a deed restriction. Your real estate agent or title company can get you a copy of the covenant. You may also need to visit your local clerk’s office or courthouse to obtain it.
Step 2: Read The Covenant
Once you obtain the covenant, read the terms of the restriction. The restriction might have an expiration date that’s passed. If so, you may be able to safely ignore the deed restriction and continue with your purchase or building plans.
If the covenant doesn’t include an expiration date, it may include information on the governing body responsible for the restriction. It may also highlight specific steps you must take to alter or remove the deed restriction.
Step 3: Speak With The Governing Body
You may want to talk with your HOA, city council or community association to alter the restriction. Consult the covenant and contact the governing body directly. You may be able to get permission to ignore the deed restriction.
Step 4: Talk With Your Neighbors
Some deed restrictions include clauses indicating your neighbor(s) must agree to any alterations. In a few rare instances, your neighbor might also be the governing body on the restriction. Reach out to your neighbor and ask for permission to ignore or void the deed restriction.
If your neighbor agrees, you’ll need to get a formal release. You can potentially use a restriction release form to void the agreement. Work with your neighbor to fill out the restriction release. Be sure to have the document notarized.
Step 5: Consult The Court
If you can’t get approval from the governing body to alter or remove the deed restriction, you can try petitioning a court to void it. A judge’s order will override any decision from the HOA, your neighbor, or whoever owns the restriction. However, this usually only works if the restriction is illegal, discriminatory or so outdated it’s no longer reasonable.
Deed restrictions are difficult to remove by design. Searching for a new property is often much easier than convincing a court to void a legal restriction. It’s best to tread cautiously before buying a home with deed restrictions.
