Concepts Definitions

• Private Restrictions: Limitations placed on property use by private parties, often specified in deeds or community agreements, intended to maintain standards or values.
• Deed Restrictions: Provisions written into a property deed that restrict how the property can be used or developed. These can be covenants (promises to do or not do something) or conditions (provisions that, if violated, could lead to loss of title). As long as they do not violate public policy, they are enforceable.
• Covenants, Conditions, and Restrictions (CC&Rs): A declaration, often recorded by developers, that places restrictions on all lots within a subdivision to govern the use, appearance, and maintenance of properties within a community. Homeowners associations often enforce CC&Rs.
• Easement: A legal right given to a person or entity to use another person’s property for a specific, limited purpose, such as for access (ingress/egress) or utilities. The legal title to the land remains with the property owner.
• Right of Way: A specific type of easement that grants the right to pass over or use another’s land for a path or access.
• Lease: A contractual agreement that grants one party (the tenant/lessee) the right to possess and use real property owned by another party (the landlord/lessor) for a specified period, in exchange for rent. It defines temporary occupancy rights rather than permanent land use restrictions.
• Mortgage Note (Promissory Note): A signed document that serves as the borrower’s promise to repay a loan to a lender under specified terms. It outlines the financial obligation and is often secured by a security instrument (like a mortgage or deed of trust) that places a lien on the property as collateral for the debt. It is primarily a financial instrument, not a direct restriction on property use.
• Lien: A legal claim against a property that serves as security for a debt or obligation. Liens can be voluntary (like a mortgage loan, where the owner agrees to the lien) or involuntary (like unpaid taxes or a judgment, where the lien is placed without the owner’s direct consent).

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