Sometimes, when you purchase a piece of real property, it may come with certain restrictions.

Restraints can be generally classified as conditions and covenants restraining alienation, and restraints on use.

Similarly, California law does not distinguish between total restraints and those that are only partial, such as a restraint that prohibits alienation to particular persons or a particular class, or that is operative for a limited time only. Partial restraints are equally void.

Often times they restrictions are void as a matter of law and can be challenged by the landowner. The prohibition against unreasonable restraints on alienation does not apply to a municipal ordinance. For example a municipality can record a restriction on the ability of an owner or lessee to transfer his or her estate, but it is only valid after a document is recorded that specifically describes the property.

If you feel you property has restrictions that may be void please contact our office for a free consultation.