What is a deed restriction?

A deed restriction is a limitation placed on the use of a piece of property by an owner or other authorized legal authority. In South Carolina, deed restrictions are legally binding contractual agreements between the owners of a piece of property and the local government. Deed restrictions often restrict the types of activities that can be conducted on the property or place limits on the structure, use, or size of the buildings that can be constructed on the property. In a residential real estate context, deed restrictions are often used to help maintain and protect the quality and value of properties in the local area. For example, a deed restriction might be used to limit the source of noise pollution in a residential neighborhood, limit the height of a structure or landscaping, or require that all houses in the area are maintained in a certain fashion. Additionally, deed restrictions might be used to restrict the types of businesses that can be conducted in residential areas, prohibit certain types of exterior alterations, or limit the number of vehicles parked on the property. In South Carolina, deed restrictions are legally recognized and must be recorded with the county or municipality in which the property is located. Most deed restrictions are set forth in the deed or in other documents associated with a property and are stationary, meaning that they remain in effect unless otherwise noted. Deed restrictions are put in place to ensure that properties remain safe and up to date, and to protect the rights of all property owners in the area.

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