A deed restriction is a contractual obligation that limits a property owner's use or conveyance of property. In most states, deed restrictions are matters of public record filed in the county land records office. Removing deed restrictions requires dealing with both the contractual and public records components of the deed restrictions.
Identifying Relevant Parties
You will need to identify any individuals who may have a right to enforce the deed restrictions against you. For example, if a deed restriction requires compliance with subdivision rules and regulations, you will likely need the permission of either the homeowners association or the individual homeowners within your subdivision.
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Negotiating A Release of Restrictions Deed
You will have to obtain consent from any person with a right to enforce the deed restrictions before you can actually remove the restrictions. For example, if your deed restriction applies to or benefits one or more of your neighbors, you will need that neighbor's permission before you can remove restrictions. You will also need to prepare a Release of Restrictions agreement that identifies the restrictions and provides language that releases the property from the restrictions. Each individual with a right to enforce the deed restrictions will need to sign the release agreement.
Recording the Release
After you have collected signatures on the release agreement, you will need to record a copy of the agreement in the local county land records office. State recording rules will require you to attach a legal description of your property to the agreement. Additionally, in most states you will also need a notary to verify or acknowledge each of the signatures on the agreement.
Obtaining a Judgment
If you are unable to obtain consent from all of the individuals with a right to enforce the deed restrictions, then your only other option is to file a lawsuit to obtain a court judgment releasing your property from those restrictions. Of course, in order for a judge to issue such a judgment you will have to prove a legal basis for why you are entitled to have the deed restrictions removed. Generally speaking, if the deed restrictions are no longer relevant, are discriminatory, or if you have satisfied your obligations related to the deed restrictions, you may be able to obtain a judgment releasing the restrictions from your deed.