Deed restrictions

**Smokaah** · 05-23-2009, 08:27 AM

If a property has a deed restriction and is later combined to neighboring properties to create a new parcel, with a new deed does the restriction from one of the original parcels carry over to the new property?

**Curtis McLain** · 08-27-2009, 07:46 PM

(posted in pro talk already)
Depends on how it was worded in the dead
Deed restrictions can be worded to have an expressed lifetime by expressing their duration on the deed. Otherwise, such restrictions will terminate by material change, agreement between or among affected parties, or by merger (one land owner acquires the interest of all persons owning property affected by the restriction. You will usually Legal advice and court judgment preform such termination.

**Greg** · 08-28-2009, 06:25 AM

It depends. Some deed restrictions are actually illegal so you will need to have a pro read over you paperwork to see what if anything applies to this property.

**tucsonhomes** · 09-03-2009, 01:18 PM

Originally Posted by Smokaah

If a property has a deed restriction and is later combined to neighboring properties to create a new parcel, with a new deed does the restriction from one of the original parcels carry over to the new property?

Basically, yes!