Unrestricted Land, Zoning, Deed Restrictions and HOAs: What Buyers Must Check

By LandyDandy

You will see "unrestricted land" in many land listings. It rarely means "no rules". It usually means no deed restrictions and no HOA. Zoning, building codes and septic rules still apply. Here is how the layers work and how to check each one before you buy.

General information, not legal, tax or financial advice. Rules differ by state and county and change over time. LandyDandy is a land marketplace, not a law firm, lender or title company. Each seller on LandyDandy sets their own terms. Before you sign or pay anything, check with the county and a licensed real estate attorney or title company in the state where the land is.

The short answer

• Rules on land come in three layers: government rules (zoning, building, health), deed restrictions and HOA or POA rules.
• "Unrestricted" usually refers to the second and third layers. It does not remove the first.
• Even counties with no zoning may still require building permits, septic permits and road permits.
• Check all three layers in writing before you buy. Do not rely on the listing title.

Three layers of rules on every parcel

1. Government rules. Zoning, building codes, septic and well rules, flood rules and road access rules. Set by the city, county or state.

2. Deed restrictions. Limits written into the deed or a recorded document. They usually stay with the land when it is sold. The people they benefit, such as neighbors in the subdivision, may be able to enforce them [S6].

3. HOA or POA rules. A homeowners or property owners association can set rules, charge dues and enforce them.

A parcel can be light on one layer and heavy on another. For example, an unzoned county lot inside an old subdivision with strict recorded covenants.

What "unrestricted land" usually means

In land listings, "unrestricted" usually means:

• No deed restrictions or covenants found on the parcel, and
• No HOA or POA.

It may also suggest a rural county with loose zoning. But it does not mean:

• You can skip building permits.
• You can live in an RV full time.
• You can skip septic rules.
• You can ignore setbacks, flood rules or road access rules.

Sellers use the word differently. Ask the seller exactly what they mean, and check it yourself.

Zoning: what the county allows

Zoning is a local law that divides land into zones and regulates the uses in each one [S7]. Common rural zones are agricultural, rural residential and forest. Each zone has its own allowed uses, minimum lot sizes and setbacks.

When you read the zoning rules, look for three lists:

• Permitted uses — allowed without special approval.
• Conditional or special uses — allowed only with a permit and a public review, often with conditions.
• Overlay zones — extra rules on top of the base zone, such as a flood or airport overlay.

Two more terms you will hear:

• Variance — an exception the zoning board may grant [S7]. It is not guaranteed.
• Nonconforming use — an older use allowed to continue even though it does not fit current zoning [S7]. Ask the planning office whether it can continue after a sale, a pause or a change.

Do not buy land on the hope that it will be rezoned. If you need a rezoning or a variance, ask whether the purchase can depend on getting it, and put that in the contract.

Some rural counties have no zoning at all. That does not always mean no rules. Many still require building permits, septic permits, driveway permits or setbacks from roads and streams.

Deed restrictions and covenants

A restrictive covenant is a provision in a property transfer that limits how the new owner can use the property [S6]. Common examples on rural land:

• Minimum home size.
• No mobile or manufactured homes, or only newer ones.
• No RVs or camping, or only for a set number of days.
• No commercial use, or no livestock beyond a limit.
• No further splitting of the lot.

Where to find them:

• In the deed itself.
• In a separate recorded "declaration" or "covenants" document for the subdivision.
• In notes on the recorded plat.
• In a title company's report, if you use one. Ask it to list every recorded restriction and easement it finds.

Old restrictions are sometimes ignored by neighbors. That does not always mean they are void. Ask an attorney if a restriction matters to your plans.

HOAs and POAs

Many cheap lots sit in large rural subdivisions with a property owners association. Before you buy, ask for:

• The yearly dues and any special assessments.
• Whether any dues are unpaid on this lot. In some places, unpaid dues can become a lien on the land.
• The rules (bylaws, covenants) and how they are enforced.
• What the dues pay for, such as road upkeep or gates.

An HOA can be a plus if it maintains the roads. It can be a cost and a limit if it does not.

Homes people ask about: barndominiums, mobile homes, small homes

Rules on these depend on the county and on any covenants:

• Barndominiums may be allowed where a site-built home is allowed, if they meet the building code. Ask whether the county treats a large metal building as a home or as an accessory building that needs a main home first.
• Mobile and manufactured homes may be limited by zone, by age or by covenants.
• Minimum home size rules may come from zoning or from covenants. Small and tiny homes can run into them.

Ask the planning office a direct question: "Can I place a [type of home] of [size] on parcel [ID]?"

How to check a parcel, step by step

1. Get the parcel ID from the listing or county GIS map.
2. Look up the zoning on the county or city GIS map, then call or email the planning department to confirm.
3. Ask for a written answer about your use, for example "a home with a septic system". Some offices issue a zoning verification letter, which may cost a fee. Also ask: "Are any zoning changes pending?"
4. Pull the deed and any recorded plat from the county recorder. Read for restrictions.
5. Search the recorder's index for a "declaration", "covenants" or "restrictions" for the subdivision.
6. Ask the seller in writing: "Is there an HOA or POA? Are there any deed restrictions?"
7. If you use a title company, read the restrictions and easements listed in its report.
8. Check septic and building permit rules with the county health and building offices.

Frequently asked questions

What does unrestricted land mean?

In land listings it usually means the parcel has no deed restrictions and no HOA. It does not mean there are no rules. Zoning, building codes, septic permits and other county rules may still apply.

Does a county with no zoning have no rules?

Not usually. Counties without zoning may still require building permits, septic permits, driveway permits and setbacks. Call the county building and health offices before you buy.

How do I find deed restrictions on a piece of land?

Read the deed, then search the county recorder for a recorded declaration or covenants for the subdivision, and read the notes on any recorded plat. A title company can also list the recorded restrictions it finds.

Can an HOA put a lien on my land?

In some places, unpaid HOA or POA dues can become a lien on the lot. Ask the seller and the association whether any dues are unpaid before you buy, and get the answer in writing.

Can I build a barndominium on rural land?

Often, where a site-built home is allowed and the building meets code. Some zones or covenants limit metal buildings or require a main home first. Ask the county planning office about your parcel.

Next steps on LandyDandy

Each seller on LandyDandy writes their own listing and sets their own terms, so check "unrestricted" claims yourself. Browse land for sale with no restrictions, owner-financed land, or a state like Florida or Arkansas, and message the seller from the listing with your questions. Before you sign, talk to the county planning office, a local real estate attorney or a title company.

Sources

1. [S7] Cornell Law School LII — Zoning — https://www.law.cornell.edu/wex/zoning — zoning divides a jurisdiction's land into sections and regulates uses in each; variance lets the governing board grant an exception; nonconforming use lets a pre-existing use continue.
2. [S6] Cornell Law School LII — Restrictive covenant — https://www.law.cornell.edu/wex/restrictive_covenant — provision in a real property conveyance that limits the grantee's use; beneficiaries (parties or neighboring owners who benefit) obtain rights from it.