Deed Restrictions

We help property owners and buyers in Nevada and California understand, enforce, and challenge deed restrictions. Whether you’re purchasing property with existing restrictions or seeking to remove outdated limitations, we guide you through your options.

We make sense of complex deed restrictions so you can protect your property rights.

Deed restrictions are private agreements that limit how property can be used — often found in subdivisions or communities with homeowners’ associations. They may cover everything from building designs to land use, and they can significantly impact your property’s value and usability.


Common Deed Restriction Issues We Handle


  • Reviewing restrictions before a purchase.
  • Challenging outdated or unreasonable restrictions.
  • Enforcing restrictions against non-compliant neighbors.
  • Negotiating modifications with HOAs or property owners.
A woman is using a tablet in a store.
A black and white drawing of a laurel wreath on a white background.

Choosing the Right Structure

We explain the pros and cons of each business type and help you choose the one that fits your goals, industry, and personal risk level.

A black and white drawing of a scale of justice on a white background.

Filing It Right the First Time

We handle your formation paperwork, state filings, and federal ID setup to make sure everything is legally complete from the start.

A line drawing of a judge 's gavel on a white background.

Clarity Between Partners

If you’re starting with others, we draft solid partnership or operating agreements that define roles, contributions, and exit plans—preventing future disputes.

A black and white shield on a white background.

FAQs

  • 1. What are deed restrictions, and how do they affect my property rights?

    Deed restrictions, sometimes called restrictive covenants, are private agreements that limit how a property may be used. They are often put in place by a developer, homeowners’ association (HOA), or prior owner and “run with the land,” meaning they apply to all future owners as well. Restrictions can govern everything from architectural styles to land use, landscaping, or even whether certain types of businesses can operate on the property.


    While deed restrictions are enforceable, they must be reasonable and consistent with state law. Some restrictions are outdated, ambiguous, or conflict with newer regulations, which can create challenges for property owners.

  • 2. Can deed restrictions be removed or modified?

    Yes, but the process depends on how the restriction was created and what authority governs it. If the restriction is part of HOA bylaws or a recorded declaration, the HOA board or membership may have the power to amend or remove it. In other cases, removal may require agreement from all property owners in the subdivision or a legal petition to the court.


    We help clients evaluate whether restrictions are still enforceable and, when possible, work to amend or eliminate those that are unreasonable or no longer serve their purpose.

  • 3. What if my neighbor violates a deed restriction?

    If a neighbor is violating a restriction — for example, by building an unauthorized structure or using their property for prohibited purposes — you may be able to enforce the restriction through the HOA or, if necessary, through legal action. Courts can order the violator to stop the prohibited activity or remove non-compliant structures.


    However, enforcement also depends on whether the restriction is valid, clear, and consistently applied. Selective enforcement or outdated provisions can weaken a claim. We advise property owners on whether enforcement is practical and legally supported.

  • 4. Do deed restrictions expire?

    Some deed restrictions have expiration dates or “sunset provisions,” while others automatically renew unless formally challenged. In Nevada and California, many restrictions recorded decades ago are still enforceable today.


    If you are considering buying property, it’s critical to review the title and subdivision documents carefully. We conduct thorough reviews to identify potential restrictions that could affect how you use or develop the property.

Supporting You Through the Process

We help you form your business with confidence and a clear legal foundation.

At Handelin Law, we don’t just file paperwork—we build partnerships with business owners. Let us help you take the first step toward a secure and successful future.