Typical deed restrictions are the following:
- Grantee retains the right to use the land for hunting purposes.
- The Property may not be rented or leased to any third party.
- Only one single-family residence is permitted on the Property.
- No trees may be removed from the three acres of the Property bordering Buckeye Creek.
- Grantee retains the right of first refusal and option to purchase, in the event Grantee wishes to sell the Property to a third party.
Ohio’s legislature and judiciary have also looked at specific restrictions in recent years. In 2003, the Ohio General Assembly amended the statutes to specifically provide that deed restrictions prohibiting flagpoles or the display of the American flag were invalid. In 2012, the Ohio Supreme Court held that a public school district could not sell a vacant school building for sale with a deed restriction preventing the property to be used for school purposes, because Ohio’s public policy supports community schools.
Sellers should consider whether they should insert deed restrictions into the transfer documents, particularly in cases in which they will live nearby or gain some value from the restrictions (be it a protected view, the option to buy back the property, or some other benefit). Likewise, before purchasing property, buyers should hire a reputable company to perform a title search to make sure that they are informed about any existing deed restrictions on the property.