Restrictions (C,C&Rs) and zoning for San Diego, California real estate

Restrictions are: 1) private deed restrictions, such as those placed on real estate by the grantor or developer, or 2) public restrictions, such as city zoning laws. The restrictions that are the most restrictive will always apply.

PRIVATE DEED RESTRICTIONS limit the use or occupancy of the land. A typical restriction would be to limit the types of buildings on a given piece of land to only single family homes (no condos). Also, a restriction might require future construction to meet specific standards. For example, all homes erected on a specific property must be at least 5,000 square feet. Another example might be a setback requirement, which would require any structure to be set back so many feet from the street or adjoining property.

There are three types of private building restrictions: Covenants, Conditions and Restrictions. They are usually included in the deed at the time the real estate is subdivided, or may be created by a written contract. Their main purpose is to keep use of the land uniform throughout certain tracts of land. Subdivisions and condominiums usually include deed restrictions as a method to increase the aesthetics and economics of the project. These private deed restrictions (C,C&Rs) and bylaws are usually recorded separately, and are only referenced in the original grant deeds.

Covenants

A COVENANT is a promise to do or not to do a certain thing. For instance, a home could sell with a covenant stating that the property shall never be used to sell alcoholic beverages. If the covenant is broken, the usual court remedy would be an action for money damages. A court may also grant an injunction requiring compliance with the covenant.

Conditions

CONDITIONS are promises to do or not to do something. The penalty for not following the set conditions is the reversion of the property to the grantor. This penalty is so stiff that most courts will treat a condition as a covenant unless the terms are clearly stated in the deed or other contract.

Deed restrictions are not liens.

Governmental Restrictions (Zoning) PUBLIC RESTRICTIONS are limits made by governmental agencies; usually cities and counties in the form of zoning.

"Public restrictions" promote health, safety, morals and general welfare of the public. This is the use of police power.

Private restrictions are made by the present or previous San Diego real estate landowners and are created only for their benefit. On the other hand, zoning restrictions are created by and for the benefit of the general public to insure its health, safety, comfort and morals.

Cities within the county can divide land into districts for control over local real estate through local laws that enforce zoning, rent control, building codes and other subdivision land use regulations.

Zoning is the restriction on the use of private property by the local government agency. Zoning dictates how San Diego, California real estate can be used, the setbacks required and the height limit on any structures.

Private restrictions are placed on real estate by the grantor or developer. If there are two restrictions, the most restrictive of the two will take precedence. For example, if a developer sets a deed restriction of 15,000 square feet to a lot but zoning only allows 10,000 square feet per lot, the zoning restriction is more restrictive and would prevail.

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