Oakland, CA asked in Real Estate Law for California

Q: I have a deed restriction on my home that runs with the land which it restricts me from selling my house at market value

Are there any loop holes to get around this? I already paid off my silent second to the city who imposed the restriction.

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1 Lawyer Answer
Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I have never heard of such a restriction. I would think that such a restriction is unenforceable as an unconstitutional burden on your right to own your property. I would like to know who has the right to enforce that restriction. Maybe you can buy the right to terminate the restriction from whoever has the right for a small price. I don't know much about your situation, and I haven't reviewed the deed, so that's about all I can say for now.

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