Explanations

Deed restrictions are provisions included in a deed that set limitations on the use of property, often structured as covenants or conditions. These restrictions are typically established by a former owner or a developer for the benefit of a larger community or adjacent properties.

• A. Voluntary cancellation by grantee: The grantee is the party who receives the property and is generally burdened by the deed restrictions. They do not typically possess the unilateral authority to cancel restrictions that may benefit other property owners in a development or were placed by a previous grantor for a specific purpose.
• B. Expiration of their prescribed period of duration: Deed restrictions, similar to easements, can sometimes be established for a specific period of time and may terminate automatically upon the expiration of that period.
• C. Merger of ownership: If the property burdened by the restriction and the property that benefits from the restriction (or the property whose owner has the right to enforce it) come under the same ownership, the restriction can terminate through a principle known as merger.
• D. Quit claim deed from grantor: A quitclaim deed conveys any interest a grantor may have in a property without making any warranties of clear title. If the original grantor who imposed the restriction, or their successor, still holds a right to enforce that restriction, they could release this right via a quitclaim deed, which could effectively terminate the restriction as far as their specific interest is concerned.

Therefore, a grantee, being the party subject to the restrictions, cannot unilaterally cancel them.

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