What are “restrictions” on real estate?

Sometimes when real estate is being developed for the first time, the landowner will impose certain conditions upon the construction and sometimes the use of the property which is being developed. When the Back Bay was first developed, Back Bay restrictions were imposed which limited the setback of buildings and similar physical conditions of development and ownership. Restrictions were quite common prior to the adoption by cities and towns of zoning as we know it today. Because of the extensive use of zoning by cities and towns developers are less concerned about imposing restrictions on properties. The restrictions themselves by statute are limited to 30 years. They can be extended by people who are subject to the restrictions but only if they strictly comply with certain requirements set forth in the statutes. Even if a restriction is still applicable a court will not enforce it if it doesn't make sense given the current context of the use of properties.  In the suburbs it was not uncommon to see restrictions imposed which would require the consent of the developer for the design of the home that could be built upon a lot. Typically, you would also see restrictions that would prohibit parking of junk cars, breeding animals, and things of similar ilk which would be deemed inconsistent with the idyllic life represented by suburbia. One of the more ironic restrictions was that so-called drying yards or clotheslines would be prohibited, much to the chagrin of the environmentalists who believe that if everybody dried their clothes outdoors it would make a huge difference in our energy use.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.