Question about Deed restriction (lawyer, Home Depot, neighborhood)

[gr17845]

I have a quick question about deed restrictions. I've been wanting to build a storage shed for quite some time so I started doing some research. The zoning officer told me to check my deed for any restrictions on building on the land. The only thing I can find on the deed that has anything to do with restrictions is this...

Under and subject to the following building restrictions which restrictions shall run with the land and shall be binding upon the parties of the second part, their heirs, and assigns: Any building constructed on the above premises shall be constructed in either wood, brick, aluminum, stone, or asphalt shingle. No building shall be constructed with compostion siding, cinder, or cement faced block.

Does this sound correct for all building restrictions? There is nothing else on the deed even resembling anything about restrictions. Is there a place I can call about this?

Thanks for you help.

[fisheye]

Originally Posted by gr17845

I have a quick question about deed restrictions. I've been wanting to build a storage shed for quite some time so I started doing some research. The zoning officer told me to check my deed for any restrictions on building on the land. The only thing I can find on the deed that has anything to do with restrictions is this...

Under and subject to the following building restrictions which restrictions shall run with the land and shall be binding upon the parties of the second part, their heirs, and assigns: Any building constructed on the above premises shall be constructed in either wood, brick, aluminum, stone, or asphalt shingle. No building shall be constructed with compostion siding, cinder, or cement faced block.

Does this sound correct for all building restrictions? There is nothing else on the deed even resembling anything about restrictions. Is there a place I can call about this?

Thanks for you help.

Since most people do not build their storage sheds out of cinder or cement faced block I do not think that would be a problem. As far as the composition siding; some of the all ready manufactured shed do use composition. So you would have to be careful that you did not buy any of the siding made out of wood and resin - but that should not be a problem.


I presume that the previous owner had bad feelings about these particular building materials and did not want any new owners building anything that distracted from the neighborhood or their property value (if they owned other lots/land in the neighborhood). Composition siding has improved over the years, perhaps when that restriction was written, the materials were not as good as they are today?


I would recheck with the zoning officer; since that advice might be free? But I am sure that most sheds would not be a problem. You also might check with that zoning officer if there are size restrictions for your township? My township wants us to get a permit for over 100 square feet (10 foot X 10 foot). With that permit it is possible that the township will raise your property taxes - so it is something to think about.


Of course you can always ask a lawyer - but that might cost more than the shed!

[gr17845]

Thanks for the advice and quick reply fisheye. I'll double check with the zoning officer and go from there. I do know where I live that their is a building size limit of 1000 square feet before needing a permit for a shed. I thought that was kinda strange simply because that would be a pretty large building. So based off the restrictions alone it seems I can pretty much build whatever building minus the block or composition siding. I'll do a little more digging then start planning. Thanks again fish!

[fisheye]

Your welcome!


That 1000 square feet sounds too large. Are you sure it isn't 100 square feet? 1000 square feet would be about 31 feet on a side - more like a garage and what zoning or your township might like to raise your taxes.


We have had a Rubbermaid for many years. It is only about 7'X7'X6' (about 49 square feet): Rubbermaid 7x7 Vertical Shed - Mills Fleet Farm. I think we bought ours from Ace Hardware or Home Depot? We did not even put in a slab for the shed to sit on; we had one piece of land that was very flat. We have one other shed, about this size from another brand, and I put it on treated lumber base with marine grade plywood - that has also worked good; but we don't like it as good as the Rubbermaid.