Pro Tip: Beware of Gun-Related Deed Restrictions When Buying Property

The other thing to verify and research on deeds is easements. Who, if anyone, has an easement to access your property. If you are crossing other private property to access your land make sure there is an easement on the other property that allows you access.
If the property I was interested in required crossing someone else’s property to access it, I would look into a different property. Easements have a large possibility for turning into an expensive pain in the backside.
 
my grandparents house in East Boston, built in 1910, had a deed clause: couldn't sell to blacks or Italians [rofl]
Progressives today who think that only certain races other than whites experienced discrimination have no understanding of our history. “No Irish or Italian” was a thing in Boston back in the day.

A friend’s father was a real estate agent in a metrowest town during the 50s and 60s. He told me that all the real estate agents in town agreed that they would show properties in town only to white christians. In addition to discriminating against blacks, they also discriminated against Jews, Asians, etc.
 
Progressives today who think that only certain races other than whites experienced discrimination have no understanding of our history. “No Irish or Italian” was a thing in Boston back in the day.

A friend’s father was a real estate agent in a metrowest town during the 50s and 60s. He told me that all the real estate agents in town agreed that they would show properties in town only to white christians. In addition to discriminating against blacks, they also discriminated against Jews, Asians, etc.
in the early 70s a cop I know in Belmont owned a 2 family, he had the 2nd floor, rented the first. Realtor showed up with a black family...'sorry, I rented it this morning'. Different realtor showed up the next morning with a white couple, 'yes, still available, it's yours'.
Both realtors were working with the Middlesex county DA. The guy had to leave the apartment vacant for two years as part of a plea agreement
 
in the early 70s a cop I know in Belmont owned a 2 family, he had the 2nd floor, rented the first. Realtor showed up with a black family...'sorry, I rented it this morning'. Different realtor showed up the next morning with a white couple, 'yes, still available, it's yours'.
Both realtors were working with the Middlesex county DA. The guy had to leave the apartment vacant for two years as part of a plea agreement
Might've gotten away with it if he hadn't lied?
To some extent the federal Fair Housing Act exempts owner-occupied buildings with no more than four units, while Massachusetts specifically exempts an owner-occupied, two-family house. OTOH, for something as blatant as the above he'd still be in violation of the Civil Rights Act of 1966

thetruthaboutguns said:
There are 18 total clauses in the deed restriction including prohibiting chickens, specifying the type of structures that can be built, etc. Literally all of the restriction clauses are violated in whole or in part by at least one neighbor in the area.
Every neighbor — including the plaintiff — is in violation of at least one clause

Civil litigation gets murky quickly.
During our trial, the judge challenged both attorneys on the issues of what constitutes abandonment, what constitutes the plaintiff’s waiver of his right to enforce the deed restriction.
Eighteen? Living in a HOA would be less restrictive.
 
No, that's not true.

Deed restrictions are quite different in scope. They usually are put in place to protect the owner/seller of multiple adjacent properties so that one property doesn't affect the sale of the others adversely.

My 110 acres was owned by one entity and was subdivided into several smaller lots and a "no mobile homes" restriction was placed on all of the lots so that one person owning a lot couldn't turn their 10 or 20 acre place into a trailer/mobile home park and diminish the future value of the other lots, thereby affecting the seller's ability to sell those other lots in the future.

Once I owned all of the lots in the entire place, I had the restriction removed because there was no competition to future sales.
Deed Restrictions, RCs, HOAs are all mostly abused by shitty people. Your example is an exception. That's not a particularly horrible deed restriction. I will concede there are circumstances where it might make sense but mostly it's stuff abused by various parties in a form of some sort of AIDS like transferable tyranny.
 
If the property I was interested in required crossing someone else’s property to access it, I would look into a different property. Easements have a large possibility for turning into an expensive pain in the backside.
Not to mention it's a ready made "my neighbor sucks and hates me" conflict in a basket. If I had to have that property first thing id do is try to buy the actual easement property. If they're pricks about it you have your answer.... 🤣
 
Interesting, we are shopping for land in Tennessee, any lots with restrictions are passed over, regardless of what they restrict. I'll need to pay more attention to deeds too.
"Restrictive Covenants" "Deed Restrictions" "Homeowners Associations" = 95% chance of property AIDS with a side dish of cholera and dysentery. There are exceptions but will take legwork to know if it will matter or not.


View: https://youtu.be/Prhi3_Nvt3U?si=FPyDRTVFYg5zSRkh
 
Deed Restrictions, RCs, HOAs are all mostly abused by shitty people. Your example is an exception. That's not a particularly horrible deed restriction. I will concede there are circumstances where it might make sense but mostly it's stuff abused by various parties in a form of some sort of AIDS like transferable tyranny.
There was an example where someone bought land with a deed restricting prohibiting putting up a building or house - put in place to protect the person whose view it would block. The buyer subdivided the land into two parcels, built a house on one and claimed that the deed restriction was singular and as such only applied to the parcel he did not build on. He lost and had to tear down his house. PSGWSP.
 
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No, that's not true.

Deed restrictions are quite different in scope. They usually are put in place to protect the owner/seller of multiple adjacent properties so that one property doesn't affect the sale of the others adversely.

My 110 acres was owned by one entity and was subdivided into several smaller lots and a "no mobile homes" restriction was placed on all of the lots so that one person owning a lot couldn't turn their 10 or 20 acre place into a trailer/mobile home park and diminish the future value of the other lots, thereby affecting the seller's ability to sell those other lots in the future.

That's the deed to my property in a 10 lot subdivision from the early 80s. No mobile or even temporary housing. Not that it matters much as everybody keeps to themselves and I can't see or see neighbors.
 
That's the deed to my property in a 10 lot subdivision from the early 80s. No mobile or even temporary housing. Not that it matters much as everybody keeps to themselves and I can't see or see neighbors.
Well, it probably won't matter until someone is sued for a violation when it affects the sale of another's property.

People can get vicious when others start diminishing the value of or ability to sell their property.
 
The main sewer line in Bedford runs on Town land behind my lot. There's an easement on my deed that allows the town access to do maintenance on the sewer should it be required.

I went to get a permit to put a fence up and the damn town made me put 10 foot gate on the front and on the back of the property so that there would be access to allow them to get back there to the main sewer line.
 
Of course there is a need for it! I need to make sure that all of my neighbors live the way that I do and so that I can exercise my authoritay! over their lives and generally be a major pain in their backside. Just because. [rofl]
I bet you've never lived next door to a hoarder...I mean a real one like on TV.
 
First time I heard of deed restrictions was like 20 years ago. Patients of mine were either trying to buy, or had already bought, a house in either Pelham or Hudson, NH.

Property had a deed restriction on it placed by the previous owner....the one prior to the one selling it.

They made an attempt to have it removed, but the elderly son of the deed restrictor showed up to whatever proceeding was needed and prevented the restriction from being lifted.

"My father wanted it that way and that's the way it's going to stay." Court sided with the old crank's old crank son.

They had to scuttle their plans and move on.
 
I'm hunting for property in Grafton Co. NH ... all I can say is read the deed. Live Free or Die my ass.
 
Daughter worked for a title insurance company. One of the properties in Florida had a deed restriction that they could only be sold to KKK members in good standing along with specific other restrictions, including race and religion. Was established in the 1920's with the Grand Klegal's home at the center of the subdivided property. State ruled the restrictions we unenforceable. Have lost track of the documents she had forwarded - was an interesting read.
 
in the early 70s a cop I know in Belmont owned a 2 family, he had the 2nd floor, rented the first. Realtor showed up with a black family...'sorry, I rented it this morning'. Different realtor showed up the next morning with a white couple, 'yes, still available, it's yours'.
Both realtors were working with the Middlesex county DA. The guy had to leave the apartment vacant for two years as part of a plea agreement
I was at my uncle's house showing when a set up like that happened. The lady that showed up was obviously looking to get a rejection the way she acted and spoke. My uncle doesn't speak English well so I told her he would be happy to rent to her if she fills out this application and shows her license. Never heard from her ever again. Always use the application process to weed out undesirables.
 
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