If you are considering buying a home or land in the Sanford area (or anywhere), you need to know what CC&Rs apply. CC&Rs stands for Covenants, Conditions, and Restrictions. In many neighborhoods and subdivisions, CC&Rs are a list of rules that outline how the land may be used. CC&Rs may also be placed on land outside of a subdivision as well. These rules vary widely and are recorded as public deed restrictions. Once CC&Rs are placed on a property, they normally remain with the deed even if the land is sold to a new owner. Sometimes these rules are very broad and cover only a few restrictions. Sometimes the CC&Rs are very specific, and sometimes there are pages of restrictions. These rules may prohibit some uses for the land. Sanford NC Homes and Real Estate:  CC&Rs
ImageChef.com - Custom comment codes for MySpace, Hi5, Friendster and more Examples of restrictions may include:
  • Minimum home size
  • Approval of home design prior to construction
  • Restrictions prohibiting fences or restricting their height or color
  • Prohibit above ground pools
  • Approval of paint colors for the home exterior by the HOA (homeowners' association)
  • Prohibit more than a certain number of pets
  • Prohibit parking boats or commercial vehicles
Deed restrictions are a little like the Goldilocks fairy tale: some may be too big and cumbersome, some may be too small and allow things you don't want. The goal is to find the neighborhood that is "just right" for you. Because each person is different, it is important to work with your real estate agent to make sure they know what you are looking for in a neighborhood. Let your real estate agent know if you have certain things in mind like a garden, want to add a garage in the backyard, want to add a water garden, or anything specific you want to do after you purchase the home or property. Your agent should have an idea of which neighborhoods will be a good fit for you based on your needs.
Sanford NC Real Estate:  don’t get fenced in!
carolina-trace-sunset Since CC&Rs and their enforcement vary with each subdivision and neighborhood, if you have a specific use in mind you will want to make sure any home or land you are interested in allows your use. For example, if you want to have a fence to keep your pets in the yard you will want to check the CC&Rs to make sure fences are allowed. Your agent should be able to provide you with a copy of the CC&Rs for property you are interested in. If the CC&Rs require something to be approved by a homeowners' or property owners' association, it would be a good idea to ask the association in advance if the use will be allowed. Some associations use the approval process to prevent items like fences or certain paint colors to be used even though they are not specifically prevented in the CC&Rs as written. Asking before you put in an offer to purchase a property can prevent you from buying a home or lot that you cannot use the way you had hoped.

Look for an article in the near future with more specific details about HOAs (homeowners' associations) and POAs (property owners' associations) in the Sanford area.

Look at what real estate professionals in other areas are saying about this subject:

You can visit my Sanford NC Homes website for more information about homes in Sanford, Lee County, or Harnett County in North Carolina.

Rita Taylor

ERA Ammons Realty

Sanford NC Real Estate

“Taylored” For You!

 

36 Comments on Deed Restrictions and Covenants in Sanford NC

AUG
31
2007
245,646 Points 16 Featured Posts Outside Blog

Rita, this article on restrictions and covenants is helpful not only for buyers in Sanford but any buyer, anywhere - every home owner association has some form of restriction.  In Indian Rocks, by me, you can only paint your house earth tones - and they specifically spell out NO WHITE EVER (even though the earth around Lake Wallenpaupack is completely white from December through April, LOL...unless there is no snow.)  People looking for a white home and a white picket fence will need to look elsewhere.

Great job! 

9:05pm • #1
1 Featured Post

Karen,

A lot of folks who move from other parts of the country are surprised by the restrictions in some of our local neighborhoods.  I try to make sure my clients are well-informed but not everyone is diligent in communicating the restrictions.  Thanks for stopping by - I always enjoy hearing from you. 

9:09pm • #2
569,484 Points 95 Featured Posts Localism Sponsor Outside Blog Hit Router
Rita, thanks for the mention. I think this has been a hot topic lately. Realtors are very passionate in their beliefs.
9:32pm • #3
1 Featured Post

Missy,

Your article gave another perspective and I was glad to include it as a resource for anyone reading my blog.  I always try to be careful to make sure I find out what my buyers are looking for - sometimes they want a very different community than I would choose for myself.  Restrictions are a hot topic in our area because they are not always well disclosed PRIOR to the sale and that leads to big headaches later on. 

9:42pm • #4
412,689 Points 21 Featured Posts Localism Sponsor Outside Blog
Rita- We don't have zoning in the Houston area so are totally dependent upon deed restrictions to maintain our property values.  In the Spring area we still have all kinds of HOA's some more restrictive than others.  You are right people need to decide what kind of HOA that want to be in before they ever make the offer!
10:10pm • #5
1 Featured Post

Marchel,

We have zoning here and sometimes the zoning and deed restrictions conflict each other.  The zoning takes precedent but it can be interesting at times!   

10:14pm • #6
412,689 Points 21 Featured Posts Localism Sponsor Outside Blog

Rita, I had not even thought about the zoning and deed restrictons being in conflict but I can see where that could happen. 

Before living in Houston I had always lived in places with zoning so this no zoning has been a new thing for me.  I tried to write a post on a subdivison that did not have deed restictions to show all the different stuff that you could have in a subdivison but it was in the Spring and everything was so green even the trailer houses looked nice.  I will have to try that again someday.

10:23pm • #7
1 Featured Post
We see a lot of variation out in the country around here.  A lot of folks buy 10 acres and build a lovely home on it.  If the surrounding land has no deed restrictions they have no control over it.  I have heard of people building a lovely home and then having a poultry farm built on the adjoining land.  There are plusses and minuses to both restricted and unrestricted land.
10:29pm • #8
417,076 Points 17 Featured Posts Outside Blog
Here in central Florida, you're hard pressed to find a community that doesn't have deed restrictions. I don't think I've seen any zoning conflicts with the covenants and restrictions though. But people are constantly trying to get around the rules. My husband is the president of our association and it never ceases to amaze me how many people think the rules don't apply to them, and they end up with fines of $25 per day until the correct the violation. If they don't pay, they have a lean against their house. 
11:24pm • #9
1 Featured Post

Lisa,

We have some older neighborhoods without deed restrictions but almost all of the newer communities have some restrictions.  Not all of these communities have active homeowners' associations, though.  Even among those that do have HOAs enforcement varies greatly.  I hope your husband doesn't get too much grief from being on the board - that is a pretty thankless job.  I wonder how many residents were unaware of the rules when they bought their home?

11:36pm • #10
1 Featured Post
Rita - Congrats on being featured on this informative post on Deed Restrictions - I don't think most buyers realize all the nuances - thanks for such a comprehensive post.
11:49pm • #11
SEP
01
2007
1 Featured Post

Jack,

When my family moved here several years ago we were not aware of the deed restrictions on the homes we looked at.  We got a copy of our restrictions after we moved in, and it definitely better to be informed BEFORE you buy a home.  We are in a nice neighborhood but had to adjust our plans a bit.  I try to make sure my buyers have this information so they are making an informed decision.

12:00am • #12
258,901 Points 26 Featured Posts Outside Blog
Rita - nicely done - and thanks for the mention - greatly appreciated.  I love how your photos tie into the text... congrats on the gold star
12:04am • #13
1 Featured Post

Thesa,

Your post about Sunriver brought up a lot of good points that apply to some of my local communities as well.  Thank you for the kind words.  I have had featured Localism posts before but not one on AR - so this is a first for me.  I hope I don't get a blinking star like Chris Elizabeth Griffith has had a few times :)

12:34am • #14
114,547 Points 9 Featured Posts Outside Blog

I was wondering what the CC&Rs were like on the other side of the US!

Seriously...great general information that applies anywhere.

1:07am • #15
267,550 Points 18 Featured Posts Outside Blog
Rita - this is an awesome article and you did a great job spelling it out for Sanford Home Buyers - YEAH! on being featured - so well deserved!!! It's great to see a talented REALTOR like you get recognized!!!  
1:16am • #16
2 Featured Posts Outside Blog
Thanks for the education Rita...........Good post.
1:44am • #17
344,083 Points Outside Blog
More communities than not have HOAs and CCRs in Arizona. Some people never seem to bother to read them until they do something that the HOA disapproves of and then the homeowner gets angry. Should read them "before" you do something.
1:49am • #18
167,258 Points 3 Featured Posts Outside Blog
Rita - Excellent source of information!  There are always issues with Deed Restrictions (eventually) in certtain communities.    This will really help the locals in Sanford!
6:11am • #19
316,905 Points 45 Featured Posts Outside Blog

Hi Rita - first congrats on your featured post - nice little gold star and it's not blinking!!

And congrats on a well-written post about restrictions and covenants.  We don't use the initials "CC&R" here, but we certainly have protective covenants in some neighborhoods and in condo complexes, etc.  Our practice here is to have these provided to the buyer within 5-7 days of final acceptance of their offer.  I can't imagine not giving those out until AFTER a buyer closes - yikes!  That seems to me to be witholding material information about a property that may have major impact on whether or not a buyer might actually buy that property if they had that info upfront.  We also have some pretty strong zoning rules and regs in place in just about all of the towns in my market area.

Great post to help inform potential buyers in areas where these are in effect!
Ann

8:12am • #21
4 Featured Posts

Great Post!  I agree that it is well written..and the poor buyers don't understand these things and might be planning on building a big addition or putting in a pool...to find out they might not be able to fence the yard!

The CC&R are not always included in HOA rules as they run with the land.  Make sure you know the areas where you are working...we have a duty to be competent.

Congrats on your well written featured post!

9:03am • #22
642,688 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router
Rita- Congrats on your feature and gold star! Great information for home buyers to know before they buy. Most just assume that they can do what they want since they own their house. We have very strict Deed Restrictions in Wellington. Deed restrictions are not required to be disclosed here. You buy, you obey whether you know the rules or not. That is why it is important to have a Realtor to guide you at least to let you know you may not be able to have a truck in your driveway! Katerina
9:37am • #23
1 Featured Post

Joey,

Thanks for stopping by and finding out more about this side of the US.  :)

Cyndee,

Thank you for the kind words - you have me blushing.

Duane,

Thanks for stopping by!

Bob & Carolin,

We have the same problem in my neck of the woods.  I try to let my buyers know the restrictions before they buy so they don't get surprised by them. 

10:26am • #24
1 Featured Post

Susie,

We have some restrictions that people don't expect - the fence restrictions surprised us when we moved here several years ago.

Karen,

Thank you!

Ann,

That's what happened to us when we moved here.  Our agent actually told us the community allowed things they don't allow.  I try to give my buyers a copy of the restrictions so they know the rules in advance.  I also encourage them to call the HOA board if they have questions.

Yvette,

"Make sure you know the areas where you are working...we have a duty to be competent."

AMEN!  I agree with your comment 100%.  Our county keeps deeds online so we can look them up and print them out from home.

Katerina,

The restrictions aren't required to be disclosed here either but I think it is a good idea to disclose them anyway.  Thank you so much for dropping by and commenting.

 

 

10:32am • #25
116,167 Points 3 Featured Posts Outside Blog

Hey Rita,

Great post and very right on. I read this post last night and glad to see it is featured. I am heading to your neck of the woods tomorrow

10:35am • #26
1 Featured Post

Rebecca,

Hope you have a nice trip and thank you for the compliment. 

10:42am • #27
642,688 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router
Rita- I would be very careful about interpreting disclosures of deed restrictions. I refer them to the appropriate personal at our town office. It can be a liability issue and you could be construed as practicing law when you interpret or even explain things. I know it is a double edged sword. We had a Realtor get sued here and the buyers won against her. They wanted a certain school, the house was in the boundaries of that school, but as soon as they moved into the house the boundaries changed. The judge said that the agent in presenting that info to the buyer was assuming responsibility for its correctness and in doing so was also responsible to know that the boundary was changing. So our legal counsel for FAR here in Florida told us to ALWAYS just direct the clients to the proper websites and authorities for all these disclosures and to the sellers disclosure for the condition of the house. Katerina
2:35pm • #28
104,045 Points 2 Featured Posts Outside Blog
Rita - Wonderful info - buyers need to know what the rules are and how they affect their property. Congrats on the gold star!
4:08pm • #29
1 Featured Post

Katerina,

I don't try to make any legal interpretations as I am not a lawyer.  I just try to make sure they know which neighborhoods may have restrictions.  If they ask I give them a copy of the deed restrictions on file with the county - ours are available online.  I would encourage anyone looking at property with a homeowners' association to contact the HOA directly to find out how the restrictions are interpreted.   Our school districts change a bit every year - I direct my clients to the maps on the school districts' website so they can determine the boundaries.

Paula,

I try to make sure buyers get a copy of the restrictions so they can see what the rules are ahead of time.      

4:47pm • #30
642,688 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router
Rita- I am glad to hear that. You are great at what you do and you are a very good Realtor. I would choose you as my agent of choice in Sanford NC. Katerina
5:56pm • #31
298,797 Points 12 Featured Posts Localism Sponsor Outside Blog

Hi Rita,

Congratulations on your feature. You've done a wonderful job on this post!

10:25pm • #32
SEP
02
2007
1 Featured Post

Katerina,

Thank you for your kind words.

Lynda,

Thank you so much - didn't expect this one to get noticed by anyone.

Susie,

I wasn't expecting a feature for this one but I'll take it! 

1:02pm • #34
SEP
03
2007
Localism Sponsor
Great post.  I also work mainly in covenant controlled neighborhoods and I'm continually surprised by how few homeowners have even read the covenants. Thanks for sharing.
11:31am • #35
1 Featured Post

Yvonne,

We have problems around here where buyers are not informed of restrictions until after they move in!   

5:46pm • #36

Leave a response…



(optional)
What does the graphic say?
 
Rainmaker_large

Rita Taylor | Sanford NC Real Estate & Homes for Sale in Sanford North Carolina

Sanford, NC

More about me…

ERA Ammons Realty

Address: 112 Hawkins Avenue, Sanford, NC, 27332

Office Phone: (919) 775-3611

Cell Phone: (919) 478-5218

Email Me

Sanford NC Homes and Real Estate. This blog focuses on Sanford NC Real Estate and Homes for Sale. The Sanford area includes Broadway, Lee County, and Southern and Western Harnett County. <!-- Start of StatCounter Code -->
web metrics
<!-- End of StatCounter Code --> Blog Catalog Blog Directory Directory of Real Estate Blogs


Links

Archives

RSS 2.0 Feed for this blog

Find NC real estate agents and Sanford real estate on ActiveRain.