A WORD ABOUT DEED RESTRICTIONS

By Peggy Tudor

 

There have been questions from residents in the Homestead Herrington subdivision about deed restrictions, and whether they apply to every property or only to those properties owned by members of the Homestead Herrington Homeowners Association. The answer is: The deed restrictions for our subdivision apply to every property except the Herrington Lake Marina. Even if you decline membership in the homeowners’ association, the restrictions are still binding upon your property.
   

Restrictions are often placed on deeds by builders or developers to create a more pleasant and attractive neighborhood and are written agreements that define, restrict or limit the use or activities that may take place on property in a subdivision. The restrictions may also stipulate standards (such as property conditions) that must be maintained. These restrictions are private agreements that are binding upon every owner in a subdivision. All future owners become a party to these agreements when they purchase property in deed-restricted areas, even if the restrictions are not written within the deed.
   

The Homestead Herrington Deed Restrictions were most recently revised with the addendum of Lots 61-73 on South Homestead Lane. The articles listed in the Homestead Herrington Deed Restrictions apply to every property in the subdivision, and a copy of the current restrictions are filed in the Garrard County Courthouse. They are also available on the community’s website.

Editor’s Note: It can be helpful to think of deed restrictions as being comparable to zoning restrictions.  If we lived in a subdivision that was “incorporated” into a town or city, our properties would be both protected and restricted by various zoning laws, which would include laws about the types of buildings or outbuildings that could be constructed, whether a business could be run in the neighborhood, the presence of livestock, etc.  Outside incorporated areas, no such zoning exists, so deed restrictions are used instead to ensure that, for example, someone doesn’t build an apartment building or a hog farm next door to your house.  Many of the conditions specified in our deed restrictions are based on or directly in line with Garrard County regulations for residential properties.