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Deed Restriction: Mitigation Site Area - State of New Jersey - nj

Deed Restriction: Mitigation Site Area - State of New Jersey - nj 2025

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The document is a Grant of Conservation Restriction/Easement made by a property owner (Grantor) in favor of the New Jersey Department of Environmental Protection (Grantee). It establishes a conservation easement on a designated wetland mitigation site to preserve its natural state and prevent development. The document outlines the rights and responsibilities of both parties, including restrictions on land use, maintenance obligations, and enforcement measures to ensure compliance with environmental protection laws.

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How enforceable are deed restrictions?

While it may differ from state to state, a deed restriction is not permanent unless it is appurtenant to nearby land. It must benefit that nearby land, and run with the title to both properties. Otherwise, it is enforceable only during the lifetime of the grantor.

How long do deed restrictions last in Florida?

Certain states, including Florida, have adopted the 1956 Marketable Record Title Act, which says that deed restrictions expire within 30 years of inception. That means after 30 years, a homeowners association is technically unable to enforce the rules and can no longer collect monthly dues from community homeowners.

Can you get deed restrictions removed?

A judge can rule to void the restriction from your deed, or from the common CCRs of the association. This is usually very difficult. In most cases, you will have to prove that the HOA does not have the right to enforce the restriction, or that they have not exercised the right.

How are deed restrictions?

Deed restrictions place conditions on the deed to a property setting out certain limits or acceptable uses. The conditions, also known as covenants, run with the land and as a result bind current and future homeowners.

Can a deed restriction be placed on a neighborhood?

A deed restricted community is a development or specific neighborhood overseen by a homeowners association that enforces rules for each homeowner to abide by. As always, the rules are strict, but they are almost always put in place to maintain local home values.

Can deed restrictions be negotiated?

Some restrictions and covenants remain in effect indefinitely, while others may expire after a specified period. In most cases, deed restrictions are permanent and non-negotiable.

How do I get out of deed restrictions?

One has to file a Quiet Title action with the Court, and argue that the deed restrictions as they are now no longer apply to the situation, and the neighborhood has changed to the point that enforcing these deed restrictions would be unconscionable, inequitable, and/or needless. This is not always easy to do.