If you're looking to buy a home in Nevada, it’s essential to understand what deed restrictions are and how they impact property ownership. Whether you're a first-time homebuyer, real estate investor, or lender, uncovering easements, covenants, and restrictions on property during a title search is a key step. These legally binding agreements are often attached to the property title and can affect everything from land use to building height, landscaping, and more.
This guide covers everything you need to know about deed-restricted property, how to check for property deed restrictions in Nevada, and why title companies play a critical role in identifying these private agreements that often run with the land.
A deed-restricted property is real estate that comes with specific restrictions, covenants, or easements written into the property deed. These restrictions may be imposed by developers, HOAs, previous owners, local government, or under state law.
These restrictive covenants are legally binding and can limit the ways in which a property can be used, improved, or transferred. They’re often designed to preserve the character of a neighborhood or protect shared resources, and they apply to all current and future property owners until they are amended or legally removed.
Common Types of Deed Restrictions in Nevada
When performing a Nevada title search, you may come across a variety of covenants, conditions, and restrictions (CC&Rs). These can include:
| Restriction Type | Description |
|---|---|
| Land Use Limitations | Prohibits using the property for commercial, industrial, or certain residential uses. |
| Building Height Limits | Restricts how tall structures can be on the property. |
| Architectural Controls | Requires approval for exterior modifications or new construction. |
| Minimum Square Footage | Mandates a minimum size for dwellings built on the land. |
| No RV/Boat Parking | Bans parking recreational vehicles or boats in driveways or visible areas. |
| Pet Restrictions | Limits the type, size, or number of pets allowed. |
| Rental Restrictions | Prohibits or limits short-term or long-term rentals. |
| Fencing Guidelines | Regulates fence materials, height, and placement. |
These types of restrictions are typically found in written agreements recorded as public record with the county recorder where the property is located.
Yes—covenants run with the land, meaning they stay in effect even when the property is sold to a new owner. As long as the deed restriction is still recorded and legally enforceable, it will bind all future property owners. That’s why it’s essential to uncover any restrictive covenant or easement before completing a real estate transaction in Nevada.
Before purchasing or refinancing real estate in Nevada, a thorough title search is essential. A Nevada title search will uncover any existing easements, covenants, and restrictions on property, ensuring you know what you're buying into.
A qualified title company or title abstractor will examine public records, including deeds, plats, HOA documents, and county recorder filings to identify any deed restrictions. The goal is to reveal any legally binding clauses that could impact your use or enjoyment of the property.
There are several methods to check for deed restrictions in Nevada:
The most reliable way is to order a professional title search from a Nevada title company or research firm. They have access to complete county and state-level records and will check for any restrictive covenant or easement attached to the property.
If you already own the property, obtain a copy of your property deed from the county recorder’s office. It may include language referring to deed restrictions or reference another document that contains them.
If the property is part of a deed-restricted community, the Homeowners Association likely has CC&Rs on file. These documents detail rules and restrictions applicable to all property owners in that subdivision.
Visit your local county recorder's office (Clark County, Washoe County, etc.) or their website. You can often perform searches by address, APN (Assessor’s Parcel Number), or owner name.
In Nevada, living in a deed-restricted community means agreeing to follow rules outlined in the community’s CC&Rs. These restrictions are not just recommendations—they are legally binding, and failure to comply can lead to fines, liens, or even foreclosure by the HOA.
Many people appreciate the predictability and order offered by deed-restricted communities, which often include amenities like gated entry, community pools, or maintained landscaping. However, others find the restrictions too limiting, especially regarding parking rules, rental limits, or pet ownership.
Deed restrictions can last indefinitely, or they may be limited to a specific number of years. In Nevada, restrictions are often created with renewal clauses or include conditions for expiration. Some restrictions may automatically renew unless a majority of the property owners vote to terminate or amend them.
However, removing or modifying a restrictive covenant can be a complex legal process. It typically requires:
Most deed restrictions are private agreements between developers, HOAs, or individual owners and are not directly enforced by state law or local government. However, some restrictions—such as zoning ordinances or conservation easements—may be backed by local or state agencies.
It’s also possible for deed restrictions to exceed local zoning laws. For example, if local zoning allows two-story homes, but a restrictive covenant only allows one-story buildings, the covenant takes precedence for that property.
Ignoring or violating a deed restriction can lead to:
That’s why any Nevada title search should always include a check for easements, covenants, and restrictions on property—whether you’re buying, refinancing, or investing.
| Scenario | Why a Title Search Matters |
|---|---|
| Buying a home in Nevada | Ensures there are no hidden restrictions or ownership issues. |
| Purchasing land for development | Checks for zoning conflicts, easements, or use limitations. |
| Flipping or renting property | Reveals rental bans or renovation restrictions. |
| Refinancing or selling property | Provides clean title for lenders or potential buyers. |
Deed restrictions are a vital part of understanding real estate in Nevada. They are often legally binding, remain with the property over time, and can greatly affect how you use or modify your land. Whether imposed by a developer, HOA, or previous owner, these rules should never be overlooked.
A professional Nevada title search is the best way to uncover all easements, covenants, and restrictions on property before you commit to a purchase or development. If you're navigating restricted property, consult with a title company and local real estate professionals to ensure your investment is secure and your plans are permitted.