The Athens Conservancy

Deed Restrictions

This is one of a series of articles written by members of the Athens Conservancy. Part of the conservancy's mission is to provide information on options that property owners have for preserving their land. There are many possibilities, some of which allow the owner to completely retain the property. This article discusses an option which involves covenants and deed restrictions as well as full ownership of the property.

Forty years ago, four families bought some of the first homes in a new Athens subdivision. The developer's plans called for additional homes on a small street immediately behind their four adjacent properties. Realizing the potential value of the land as open space and natural woodland rather than a closely spaced homes and another street, one owner

approached the developer about buying the approximately 2.6 acres of land behind their homes. The developer agreed.

Each family acquired the property adjacent to its back yard and then took an additional step to make sure that the land was not subdivided. All four families entered into a covenant that "they will not subdivide or divide the ownership of their respective homesites" and that "no structure which could be used for a permanent human dwelling place" would be built on the land. The covenant also specifies that the land will be subject to the overall subdivision's covenants and that it will

be used only as enlarged back yards in ways that back yards are normally used. These covenants were incorporated into deed restrictions that conveyed with the properties as each was sold. As of June, 2001, none of the original owners held the four properties. However, all of the current owners are bound by the terms of the covenant.

All of the new owners also have the benefit of two and a half acres of beautiful mixed woodland and field behind their homes and the assurance the land will not be developed without the consent of all four homeowners. These homeowners now enjoy the natural advantages of the trees and plants as stabilizers of the hillside and controlling influences on the temperature and wind, as well as the "beautiful view". In addition there are economic advantages. In the spring of 2002, one of the homes sold in four days for the asking price. A large part of its appeal was the back yard which the realtor had described as the best back yard in Athens.

Covenants among owners of adjacent undeveloped land combined with deed restrictions binding all future owners of the land is one way to preserve the land in its natural state. This is a land option that may be available to new owners in some of the subdivisions now under construction in Athens City and County. It might also be an option for owners of large wooded areas who, while they want to preserve the beauty of their land, do not want to use the more binding options of donating, providing easements on, or selling it to the city or county for park land or nature preserves. If they have neighbors who are also interested in preserving their land, they could consider joining together to obtain legal assistance in drawing up a covenant and placing deed restrictions on their properties. This would be a fairly secure way to preserve the property in its natural state.

Since the details of this option would vary with each case, people interested in pursuing the use of covenants and deed restrictions to preserve property, should obtain more information from an attorney who can advise on real estate law.