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What is the difference between a deed restriction and a restrictive covenant?
Wiki User
∙ 13y ago
A deed is the document by which real property is conveyed. A warranty deed is a special type of deed in which the grantor guarantees clear title and will defend it against all claims. It is in contrast to a quitclaim deed which only conveys whatever interest the grantor may have in the property.
A deed restriction is some limitation affecting the property. In most jurisdictions it need not be recited in the deed to be effective. That's the reason title examinations are so important; to disclose restrictions and encumbrances that are not mentioned in the deed.
For example, land could be conveyed subject to the restriction that it not be used for commercial purposes. It could be conveyed subject to Wetlands restrictions if there is a wetland, river, brook, pond or lake nearby. It could be restricted to a dwelling of a certain size.
Wiki User
∙ 15y ago
Wiki User
∙ 9y agoA deed (anciently an evidence) is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed. It is commonly associated with transferring title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral.
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