Exempt from Restrictions?

Started by AdinaG • 2 replies • 1138 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AdinaG (Texas)
Posts: 1

Posted:

We are looking to purchase a tract of land. It is tract 15 out of 18 tracts of land per the deed restrictions. While reading the deed restrictions, it states

"The following tracts being Realty Track 15... (and so on)shall not be subject to the restrictions herein except for restrictions, if any, in the deeds."

What is the difference between the restrictions listed and restrictions in the deed?

For example, the restrictions say the house has to be 3500 or more sqft. This is less. Restrictions say that it hs to have a garage, this does not.

Thanks for any help you can give!

JohnB26 (South Carolina)
Posts: 1,569

Posted:

i am NOT an attorney

imo:

many times restrictions will be attached to the 'site plat' and referenced in an individual deed

apparently, your 'lot' would not be subject to any restrictions not SPECIFICALLY stated and/or DIRECTLY referrenced in the deed to the 'lot'

check ~ in writing ~ with the attorneys before or at closing

CAVEAT EMPTOR

LarryB13 (Arizona)
Posts: 4,099

Posted:

I would keep my eyes wide open on this one.

Apparently there are recorded restrictions that apply to some tracts but not to others. Even though the tract you are contemplating purchasing is exempt from the recorded restrictions, the seller may or may not impose restrictions.

You need to find out what restrictions, if any, the seller intends to attach to this tract. You do not want to find out at closing that the seller has a surprise package in mind.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here