How to Nullify Deed Restrictions
Encountering deed restrictions is frustrating if you want to build, expand or change the placement of structures on your land. A deed restriction is a legally-binding rule a prior owner placed on the property stated on the deed, the legal document used to show ownership of real estate. Restrictions come in various forms, such as restrictions on building and the property's use. You must remove restrictions from the property if you want to do something that violates the rules. Failing to remove a restriction before acting can result in a lawsuit against you from the prior owner, local building commission, or even your neighbors.
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Instructions
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Locate the first deed with the restrictions in the property's chain of ownership. Visit the county clerk or recorder's office. Ask the clerk how to search for deeds, as the methods vary by area. Get two copies of the deed, once found. Keep one for your records.
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Read the deed restrictions. Some restrictions have expiration dates. Check to see if the restrictions have expired.
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Contact the person or entity that first put the deed restrictions on the property, typically the "grantor" or seller on the deed you located. Ask for a discharge of the restrictions. Give the person or entity a copy of the deed. Ask whether the person or entity will send the discharge to you or to the county office directly.
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File the discharge in the land records of the property's county if the discharge is sent to you. Ask for a certified copy for your records.
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Contact the county recorder's office 30 days after the discharge is issued if the paper was sent to the county directly. Ask the clerk to check if the document was filed. Give the clerk the name of the person or entity who issued the discharge. Go to the county office in person to check if directed to do so by the clerk.
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Contact the state building association. Ask to have the deed restrictions reviewed. You may be able to violate the restrictions in some cases if you follow the state's procedures.
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File a declaratory action in court to have the restrictions nullified by a judge. Visit the official website of the state judicial system to determine which court handles the case. Include a copy of the original deed with the restrictions and the current deed when filing the action.
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Tips & Warnings
You may be able to violate restrictions if you have written permission from neighbors. Contact a real estate attorney if you need help.
Do not violate restrictions before having the restrictions nullified.
