A deed restriction is a provision included in a property deed that imposes limitations or obligations on the use or development of the property. These restrictions are legally binding and can dictate terms such as property use, structural modifications, or architectural style to maintain the property's designated purpose or aesthetic.
Notwithstanding anything to the contrary contained herein, Purchaser consents to and agrees to reasonably cooperate (at no out-of-pocket cost to Purchaser) with Seller in connection with satisfying obligations under the Massachusetts Contingency Plan (“MCP”) necessary for achieving a long-term condition of “No Significant Risk” and submitting to the Massachusetts Department of Environmental Protection (“MassDEP”) a Permanent Solution Statement for the Property or Properties in a reasonably cost effective and efficient manner, which shall be limited to executing a reasonable future deed restriction or AUL (as defined on Schedule 5.1.14) to the extent such does not prevent or burden the current and reasonably anticipated beneficial use or reduce the reasonably estimated property resale value of the Property or Properties.
Purchaser further agrees to cooperate with Seller (at Seller’s cost) on the addition of such documents to the chain of title for the applicable Property or Properties. Such deed restriction or AUL shall be based upon the form prescribed by MassDEP, which shall be prepared and, after an opportunity for review and reasonable comments by Purchaser to be incorporated, will be recorded and submitted to MassDEP at Seller’s cost.
The parties acknowledge and agree that it shall not be unreasonable for Purchaser to withhold its consent to any such deed restriction or AUL that imposes restrictions materially broader than prohibitions against disturbing any existing soil vapor cap or barrier(s) at the Property or Properties (including pavement and existing concrete floors), applying appropriate precautions for future construction or soil disturbance, continued operation of any remaining Active Exposure Pathway Mitigation Measures, like the current sub-slab depressurization systems, and/or limiting uses to commercial or industrial purposes.
Purchaser further agrees that this provision regarding cooperation with executing and recording a future deed restriction or AUL to satisfy obligations under the MCP and achieve a Permanent Solution shall expressly survive closing and shall be included in any future agreement for the sale of one or more of the Properties.
Seller consents to and agrees that any other obligations beyond the deed restriction or AUL’s execution and recording under the MCP or otherwise imposed by the MassDEP to achieve a Permanent Solution, whether performed in order to achieve this status or required to be performed after achievement of this status, shall continue to be the sole obligation of Seller.
“Environmental Law” shall mean any federal, state, regional, county or local governmental statute, law, regulation, ordinance, order or code or any consent decree, judgment, permit, license, code, covenant, deed restriction, common law, or other requirement presently in effect or hereafter created, issued or adopted, pertaining to protection of the environment, health or safety of persons, natural resources, conservation, wildlife, waste management, and pollution (including, without limitation, regulation of releases and disposals to air, land, water and ground water), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9601 et seq., Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and Solid and Hazardous Waste Amendments of 1984, 42 U.S.C. 6901 et seq., Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 U.S.C. 1251 et seq., Clean Air Act of 1966, as amended, 42 U.S.C. 7401 et seq., Toxic Substances Control Act of 1976, 15 U.S.C. 2601 et seq., Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq., Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001 et seq., National Environmental Policy Act of 1975, 42 U.S.C. 300(f) et seq., and all amendments as well as any similar state or local statute or code and replacements of any of the same and rules, regulations, guidance documents and publications promulgated thereunder.
Buyer’s verifying that the Property has the proper zoning to permit the intended use and that there are no deed restrictions, stipulations or easements that would preclude such use or which are not acceptable to Buyer.
Representations: Warranties: Covenants: and Indemnities. To its current, actual knowledge, Grantor hereby represents, warrants, and covenants to Beneficiary: the location, construction, occupancy, operation and use of the Mortgaged Property do not violate any applicable law, statute, ordinance, rule, regulation, order or determination of any governmental authority or any board of fire underwriters (or other body exercising similar functions), or any restrictive covenant or deed restriction (recorded or otherwise) affecting the Mortgaged Property, including without limitation all applicable zoning ordinances and building codes, flood disaster laws and health and environmental laws and regulations (hereinafter sometimes collectively called “Applicable Laws”).
A Special Warranty Deed (the “Deed”) in the form attached hereto as Exhibit B-1 (and made a part hereof for all purposes as an agreed form only), fully executed and acknowledged by Seller, subject to the Permitted Exceptions. The Property is deed restricted against certain uses competitive with Seller as set forth in the Deed (the “Deed Restriction”).
Any notice of deed restrictions required under applicable law and any notice of utility district disclosures as required by law or Title Company underwriting, if applicable.
A deed restriction is a legal stipulation recorded in a property’s deed that details specific limitations or requirements concerning the use of that property. These restrictions are often put in place to maintain the desired character, value, or function of a neighborhood or community. They can dictate what can or cannot be built, how the property can be used, or the kind of activities that can take place on the land.
Deed restrictions should be used when a property owner wishes to ensure certain standards or limitations are upheld consistently over time, typically beyond their ownership. Common scenarios include:
Writing a deed restriction involves careful consideration and legal drafting. Here are some steps to follow:
Example: In a suburban development, a deed restriction might prohibit the building of fences over a certain height to ensure open space views are preserved for all residents.
Deed restrictions are commonly found in the following types of contracts:
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