What Is a Deed Restriction in New Hampshire Real Estate?

🏡 What Is a Deed Restriction in New Hampshire Real Estate?

When buying a home in Plymouth, Campton, Thornton, Rumney, or anywhere in Central NH, it’s important to understand the rules that come with the property.

One of the most overlooked — but most impactful — legal limitations is the deed restriction.

Deed restrictions can limit what you can build, how you can use the land, and even what types of structures are allowed. Understanding them before closing is critical.

Here’s what NH buyers need to know.

⭐ What Is a Deed Restriction?

A deed restriction (also called a restrictive covenant) is a legally binding rule written into a property’s deed that limits how the property can be used.

It “runs with the land,” meaning:

✔ It stays with the property

✔ It applies to all future owners

✔ It remains in effect unless legally removed

These restrictions can come from:

• Developers

• HOAs

• Municipalities

• Previous owners

• Subdivision regulations

⭐ Common Examples of Deed Restrictions in New Hampshire

Deed restrictions vary widely. In Central NH, you might see limits involving:

✔ Property Use

• No commercial activity

• No short-term rentals

• No multi-family conversion

✔ Building & Construction

• Minimum home size

• Required architectural style

• No mobile or manufactured homes

• Limits on sheds, garages, or outbuildings

✔ Land Use

• No subdividing

• No additional dwellings

• Restrictions on clearing trees

• Conservation or wildlife protections

✔ Animals

• Limits on livestock

• No kennels or breeding operations

✔ Lifestyle Restrictions

• No RVs or boats stored outside

• No junk vehicles

• Noise or nuisance rules

These vary depending on the subdivision, town, or developer.

⭐ How Long Do Deed Restrictions Last?

Most deed restrictions in NH are permanent unless:

✔ A court removes them

✔ All affected property owners agree to modify them

✔ The restriction has an expiration date written into the deed

Some restrictions last 30–50 years, while others never expire.

⭐ Who Enforces Deed Restrictions?

Enforcement can depend on who created the rule:

•

HOA or association

— Most common

They can issue fines or legal action.

•

Other property owners

Neighbors in the same subdivision may have legal standing.

•

Municipality

(sometimes)

If the restriction was created by the town or related to zoning.

•

No one

(in rare cases)

Old restrictions may exist but no one actively enforces them.

Even if enforcement is rare, the restriction is still legally valid.

⭐ Why Deed Restrictions Matter for NH Buyers

Buying a home or land without reviewing the limitations can lead to major issues, including:

✔ Denied building permits

✔ Inability to add an ADU

✔ Restrictions on businesses or rentals

✔ Limits on animals or farming

✔ Fines from an HOA

✔ Difficulty selling later

Before making plans for renovations, rentals, or land development, buyers should confirm what their deed allows.

⭐ Where to Find Deed Restrictions

In New Hampshire, deed restrictions typically appear in:

✔ The property deed

✔ Title search documents

✔ The title commitment

✔ Recorded covenants and subdivision rules

✔ HOA governing documents

✔ Municipal planning records

Your closing attorney or title company can help identify all recorded restrictions.

⭐ What NH Buyers Should Do Before Closing

To avoid surprises:

✔ Review all recorded restrictions

✔ Confirm building plans are allowed

✔ Check HOA rules if applicable

✔ Ask your agent or attorney questions

✔ Get written clarification when unsure

Understanding deed restrictions upfront protects you from expensive problems later.

⭐ Keywords

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Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com