You might assume that once you buy a home or property, you have complete freedom to do whatever you want with it. That’s not usually the case. Most properties are governed by deed restrictions or restrictive covenants, i.e., set rules and regulations that dictate what you can and can’t do with that property.
When you’re looking to buy a home, understanding any deed restrictions that may apply is important. Are deed restrictions public record, though? The answer is yes. Keep reading for a complete breakdown of what deed restrictions are, how they work, and where you can find them.
Deed Restrictions as Public Records
Deed restrictions are legal conditions in a property’s deed that control the use of the property for specific purposes. These restrictions are generally created by homeowner associations (HOAs), developers, or local governments to maintain the integrity of the land and preserve the neighborhood’s image.
These clauses are generally part of the public record. They are recorded with the county recorder’s office, court clerk, or register of deeds, essentially the same office that maintains property deeds, mortgages, and other land records.
How Are They Recorded?
Deed restrictions can be recorded in three ways:
- Directly on the property deed itself.
- In a separate document, such as an HOA’s “Covenants, Conditions, and Restrictions” (CC&Rs).
- Within specific HOA documents recorded in county records.
Since these documents are part of the property’s legal history, they’re considered public information. However, how easily you can access them depends on how they were recorded and where you live, along with other factors.
How to Find Deed Restrictions
There are several legal methods you can use to find deed restrictions on a particular property or piece of land:
Reach Out to the Local Clerk’s Office
One way to find deed restrictions is to review the property’s deed by requesting a copy from the county recorder’s office. You can also access it online if your local jurisdiction has a digital database. Search for the terms “covenants,” “conditions,” or “restrictions” to quickly scan through the details and find the relevant clauses.
Talk to a Real Estate Agent
If you have the right contacts, you can also consult a real estate agent to pull out the property records. Experienced agents often have access to databases and tools that you might not. This lets them quickly consult important documents related to the property’s history, zoning, and legal limitations.
Real estate agents will also have a much easier time interpreting legal jargon and understanding how these specific restrictions will impact your future plans.
Consult the HOAs
If the property you’re interested in is part of an HOA, contact the association directly for assistance. HOAs often set and enforce rules that go beyond city or county regulations, from exterior color palettes to landscaping requirements, parking rules, and pet limitations. They’re likely to have official records of all CC&Rs which are legally binding and apply to all properties within that neighbourhood.
Request a Title Search
A title search is another reliable way to find out about deed restrictions and other legal rules imposed on a property. This search is generally performed by a title company to review public records, confirm the legal ownership of a property, and identify any and all restrictions, liens, and easements that can exist.
Use a People Lookup Tool
The most effective and time-efficient way to find deed restrictions is to use a free people lookup tool like PublicRecord.com. These platforms have access to various publicly available databases and gather information in just minutes.
You can enter the street, city, and state of a home and get a detailed report about its ownership history, transaction dates, and any documents filed with county offices. This is especially convenient for prospective homeowners who want to do basic research without navigating multiple government websites and waiting in line at county offices.
Are Deed Restrictions Public Record: Use This as a Starting Point
Some deed restrictions might not pop up immediately during your research. This is especially true if the deed is part of an HOA or is a privately enforced agreement. That said, since these limitations are generally public record, the methods we’ve shared above can be a good starting point to get to know about a property’s legal background.