How to Remove Property Restrictions (CC&Rs) in North Carolina

You find the perfect lakefront property. You’ve got plans for a detached garage, maybe a workshop, something that makes the property exactly what you want. Then you pull the CC&Rs and discover a restriction from 1985 that says no detached garages. The people who created that restriction? They don’t even live in the neighborhood anymore.

Most people assume they’re stuck. But there’s actually a legal process for removing property restrictions — it’s just not as simple as most people expect. In the video below, Tiffany Webber explains how CC&Rs are created, the real process for getting them removed, and what to do when the original owners have moved away, passed away, or just won’t return your calls.

Watch the Full Video

Here’s the breakdown, or watch the full video for Tiffany’s complete explanation including the 2023 NC Supreme Court case that could affect older restrictions.

What CC&Rs Actually Are

CC&Rs — covenants, conditions, and restrictions — are self-imposed rules on private land. That distinction matters. These aren’t government regulations or zoning requirements. These are restrictions that property owners put on their own land, and they continue to bind future owners even after the original owner is gone.

The reasons vary. Maybe someone was selling family land and didn’t want a developer putting up a subdivision of tiny houses. Maybe they wanted to maintain a specific look for the area. At the time the restrictions were created, it was their land and their right to control how it would be used going forward.

CC&Rs can cover almost anything: minimum square footage requirements, building materials, whether you can have a detached structure, what colors you can paint, whether you can keep certain animals — if it’s written into the restriction documents and properly recorded, it’s enforceable.

How Restrictions Get Created

There are two main ways CC&Rs end up on a property. First, restrictions can be written directly into the deed when the property is sold. Second, a current property owner can record a separate restriction document at the register of deeds, referencing the property’s legal description.

In either case, only the person who actually owns the land can create the restrictions. Depending on the neighborhood setup, other parties may need to sign as well — like a declarant in a planned community — but the property owner has to be involved.

How to Remove Restrictions: The Real Process

Most people imagine a simple scenario: track down the original owner, explain your plans, get them to sign a release, record it, done. And in the simplest cases, that’s roughly how it works. But there’s a catch at every step.

Individual Property Restrictions

If one property owner put restrictions on one lot, you need to go back to that original person — or their heirs if the original owner has passed away — and get them to execute a removal document. That document has to meet specific legal requirements and be recorded at the register of deeds. A casual letter or email saying “I don’t care about the restrictions anymore” doesn’t count. It has to be in proper recordable form with all the legal formalities.

Subdivision Restrictions

When you’re dealing with a planned subdivision — which is most neighborhoods with CC&Rs — the process is different. The rules for amending or removing restrictions are written into the original CC&R documents themselves. They might require a vote of 66% of lot owners, or unanimous approval from all owners, or something else entirely. There’s no standard answer. Step one is always the same: find your actual CC&R documents and read them carefully to understand what the amendment process requires.

What to Do When the Original Owners Are Gone

This is the question Tiffany gets most often, and it’s where things get complicated. The original owner moved to Florida. Or passed away. Or their heirs are scattered and uncooperative. Or nobody can even figure out who the heirs are.

If the original parties are unreachable, unwilling, or unknown, you may be looking at court action — specifically a declaratory judgment or quiet title action to remove the restriction. That’s expensive, time-consuming, and comes with no guarantees. But in some situations, it’s the only path forward.

The 2023 NC Supreme Court Case

Tiffany mentions a 2023 North Carolina Supreme Court decision that addressed restrictions that haven’t appeared in the chain of title for 30 years and whether they might no longer apply. It’s a significant development, but the practical impact is still limited.

The decision was narrow in scope. Title insurance companies aren’t yet willing to insure over old restrictions based on this case alone. Individual situations haven’t been litigated enough for there to be uniformity across the state. So when someone calls the office and says, “These restrictions are from 1985 — doesn’t that Supreme Court case make them go away?” — the answer is: it’s not a magic wand. It applies to very specific circumstances, and even then, it’s not automatic.

It does set a helpful tone moving forward, but it’s not something you can rely on without legal analysis of your specific situation.

The Steps to Take Right Now

If you’re dealing with property restrictions you want removed, here’s where to start.

Get a copy of your CC&R documents. Read them thoroughly. Understand what the amendment or removal process requires — it’s spelled out in the documents themselves.

Determine what type of restriction you’re dealing with. Individual property restrictions and subdivision-wide restrictions follow completely different processes.

Identify who has the legal authority to modify or remove the restrictions. The answer is in the documents. It might be the original owner, their heirs, a percentage of lot owners, or a combination.

If you’re dealing with missing or uncooperative parties, consult with a real estate attorney. Court action may be necessary, and you need someone who can evaluate whether the cost and timeline are justified for your specific situation.

Watch the full video for Tiffany’s full breakdown, including the 2023 Supreme Court case and the real client scenario that prompted this discussion.

Dealing With Property Restrictions in the Lake Norman Area?

At Thomas & Webber, we deal with CC&R issues almost weekly — from reviewing restrictions on properties clients are buying to helping property owners navigate the removal process. If you’ve got a restriction that’s standing between you and your plans for a property, we can review the documents and walk you through your options.

Our offices in Mooresville, Huntersville, and Denver serve property owners throughout the Lake Norman area, including Davidson, Cornelius, Sherrills Ford, Troutman, and Statesville.

Email us at [email protected] or call us: (704) 663-1600