The Problem with Deed Restrictions. The problem with Deed Restrictions: The biggest weakness of deed restrictions is that they do not have a third party that can be designated to monitor and enforce the restriction. The law limits who can enforce restrictions and the length of time. The following is courtesy of the Land Trust Alliance.
http://www.landchoices.org/deedrestrictions.htm
No, the City does not enforce deed restrictions. Deed restrictions are private covenants. From http://www.ci.arlington.tx.us/qna/qa_landuse.html ********* Thank you for the opportunity to answer this question. Again, if you will share your city/county/state/province name(s) here, I will search that location to see if there is information available.
http://answers.google.com/answers/threadview/id/235033.html
Things You'll Need. Review the deed restrictions with a fine-toothed comb. Deed restrictions create a contract between the various property owners who are parties to the deed restrictions, so the terms of that contract will govern your rights to enforce the restrictions against another property owner.
http://www.ehow.com/how_8699852_do-enforce-deed-restrictions-hoa.html
Tips & Warnings. Before filing a lawsuit on your own, try to work with other property owners in your development. The more plaintiffs you can name in the lawsuit, the better your odds, because a court is not likely to issue a ruling against a majority of property owners who are trying to enforce deed restrictions.
http://www.ehow.com/how_8699852_do-enforce-deed-restrictions-hoa.html
Although deed restrictions can often be helpful for numerous parties, there are times when they cannot be enforced. When seeking to have a deed restriction enforced, the courts will usually draw upon state and local laws. Thus, enforcement of deed restrictions can vary by region. Legal remedies for a violation of a valid deed restriction may include a monetary damages award or other types of compensation.
http://www.legalmatch.com/law-library/article/deed-restriction-laws.html
A deed restriction is a type of private agreement restricting the use of real estate. Such restrictions are usually listed within the written deed document relating to the property, and should be noted if the property is to be sold or transferred. A deed restriction can also place limitations on the title to the property, such as when a seller wishes to sell their property according specific conditions.
http://www.legalmatch.com/law-library/article/deed-restriction-laws.html
The Problem with Deed Restrictions. The problem with Deed Restrictions: The biggest weakness of deed restrictions is that they do not have a third party that can be designated to monitor and enforce the restriction. The following is courtesy of the Land Trust Alliance.
http://www.landchoices.org/deedrestrictions.htm
The homeowners association typically has the authority to enforce deed restrictions against property owners within that development. However, when a homeowners association does not exist or is unavailable, the individual homeowners can jointly or individually file a lawsuit to enforce the deed restrictions.
http://www.ehow.com/how_8699852_do-enforce-deed-restrictions-hoa.html
Enforcing deed restrictions can be difficult over the long term, as they are only enforceable by the prior owner or a third party to the original transaction, such as the owner of abutting property.
http://answers.google.com/answers/threadview/id/235033.html
1 A condition for enforcement is no longer valid or applicable. 2  The restrictions provisions are illegal (such as one that violates zoning laws)  The deed restrictions are clearly against public policy (such a restriction that encourages housing discrimination)
http://www.legalmatch.com/law-library/article/deed-restriction-laws.html
can deed restrictions be enforced
No, the City does not enforce deed restrictions.