Deed Restrictions
Deed restrictions are legally binding limitations on land use written into a property's deed and recorded in the public record.
They run with the land, meaning they apply to every future owner regardless of how the property changes hands. For horse property buyers, deed restrictions can prohibit horses entirely, limit the number of animals, restrict commercial equestrian activity, or require specific fencing and facility standards. Unlike zoning, which is a government regulation, deed restrictions are private agreements enforceable by neighboring property owners, homeowners associations, or original grantors. A property may be correctly zoned for horse-keeping but rendered unusable for that purpose by deed restrictions that predate the current ownership.
Unlike zoning, which is a government regulation enforced by the county, deed restrictions are private agreements that can be enforced by neighboring property owners, homeowners associations, or the original grantor who recorded the restriction. This means that even if a county allows horses on a parcel under its zoning code, a deed restriction prohibiting horses is legally enforceable through civil litigation. The county will not help enforce deed restrictions, and the county cannot override them through its zoning authority.
Buyers must review the complete chain of title — not just the most recent deed — to identify all recorded restrictions that apply to the property. Deed restrictions may have been recorded decades ago by a prior subdivider or developer and may not appear in current MLS listings or disclosure documents. A title search conducted as part of the escrow process should identify recorded encumbrances, but buyers should specifically request that their title company flag any deed restrictions related to animal keeping, commercial use, or land alteration.
Deed restrictions can also conflict with each other across adjacent parcels within the same subdivision. In some Arizona equestrian communities, deed restrictions were recorded to permit horses while establishing specific standards for fencing, manure management, or facility appearance. Buyers purchasing within these communities inherit both the benefit and the burden of those restrictions. Enforcement depends on whether neighboring owners are willing to pursue civil remedies, which varies widely in practice.
Key Points
- Deed restrictions are private, legally binding limits recorded in the property deed.
- They transfer to every future owner and cannot be ignored or overridden by new buyers.
- Deed restrictions can prohibit horses even when zoning permits them.
- Buyers must review the deed and title report for restrictions before purchase.