Purchasing Un-subdivided or Un-restricted Vacant Land

I’m often asked whether a particular vacant parcel has any deed restrictions. I get questions regarding building size or type requirements, time frames for building, height restrictions, areas on the lot that can only be used for building, or must remain unused, etc. When it comes down to it, if the property is located in a subdivision, there will typically be a set of parameters that one must follow.

CC&R’s and Design Guidelines for a Subdivision

Generally called CC&R’s (covenants, codes, and restrictions) and Design Guidelines, these many rules and regulations outline what everyone building and living in a certain subdivision can and can’t do with their property. Often, these may include where you build, the style and size of the home, outbuildings that are allowed, and in some cases even the color of paint you may use and materials that must be included or disallowed when building.
 Many rules also set a standard of behavior as a homeowner in the community including vehicle parking, speed limits, number of pets, and more. In these neighborhoods, a Homeowners Association (HOA) is responsible for overseeing and enforcing these rules.
Vacant land that is not located in a subdivision is referred to as un-subdivided or un-restricted land. Although this type of property may seem to embody the concept of a free-for-all mentality, this is not necessarily the case.
As Laura Mueller said in a recent article in Land Hub, “On its face, unrestricted land sounds like a pretty great investment. Having the ability to do whatever you want in terms of building and maintenance on your land, without the oversight of a homeowner’s association or village restrictions, is the dream after all – right? Here’s the thing: unrestricted land does have a lot of benefits, but it’s not necessarily a free for all.”

Deed Restrictions

Although it’s true unrestricted land will not be subject to an HOA and its rules, there very well may be deed restrictions placed on the land by a previous owner. These can be standard, straightforward restrictions like requiring all building structures to be a certain distance from property lines or limiting building height. But they can also be rather unusual and intrusive. For example, some deed restrictions have required that new owners have no animals except certain breeds of dogs or cats, or other restrictions have required that the new owner allow the previous owner access to a walking path on the property at any time of day or night.
The only way to get a full and complete list of these deed restrictions before you buy land is to request a copy of a Title Report and ask specifically to see all the recorded documents affecting the property.

Zoning Restrictions

In addition to deed restrictions the local municipality is also likely to impose certain zoning restrictions. These can limit how you use your property in many ways: structures allowed or disallowed (such as mobile homes, tiny houses, container homes), business and commercial uses, number and types of animals, etc. To understand these, you must view the local zoning code for the specific property you’re considering.
Remember, if there are limited restrictions on your land, chances are that the same restrictions apply to your neighbor’s property.
Land limitations and restrictions are not necessarily all bad.  Let me finish with a recent experience when showing some beautiful land on Tucson’s west side to drive that point home.
I drove some clients to a 10-acre piece at the end of Camino Del Cerro abutting the National Forest. As we drove up, we all saw a group of odd structures. These turned out to be what looked like 20’ high, white beehives partially finished and grouped in a circle that was built on the neighboring 10 acres. Much of the land around them had been cleared and scraped and these were visible for miles around. My clients who wanted to build a conventional custom home were taken aback by the odd aesthetic of their potential neighbor and removed that parcel from their search immediately.
When you’re looking for the perfect land lot for your new home, consider what’s most important to you. My years of experience in and around Tucson with the buying and selling of land lots will be a true game changer during your search. Contact me, Rick Sack, by calling 520-918-5477 or emailing rick@buytucsonlots.com.

Land & Lot Reports

Tags

1926 Circle of Excellence for 2020 2017 2019 land report 2020 economic projections 2020 economy 3 Benefits of Planting Native Vegetation aerial allure of land Apache Junction architect area Arizona arizona activities arizona eating Arizona economy arizona events Arizona home owners arizona land report Arizona living arizona real estate arizona realty arizona restaurants arizona summer activities arizona summer events backyard benefits of planting native vegetation best golf courses best golf courses in Arizona best golf courses in Tucson best hikes in tucson best hiking best hiking trail of Tucson best hiking trails best home decor best home details best housing markets best lights best night lights best night time lights best of Tucson best real estate best real estate market best takeout in Tucson Bisbee blueprint blueprints breweries breweries in Tucson Arizona buildable builder building building a home building house built-in desks built-in details built-in shelves burger buying homes buying land buying land in Tucson buying real estate buying real estate in tucson buying Tucson lots carpet change order cinema room classic car construction construction loan construction permit construction plan construction plans cooling coronado forest cost country custom home building custom homes deed restrictions desert garden desert gardening design design guidelines design guidelines for a Subdivision Development diy home improvement dream home dream kitchen easements eatery eating eating in tuscon economic outlook economic projections economics elevation energy efficient events film festivals film festivals in Tucson fireplace flood flood insurance floodplain Flooring food food tours foreclosure geologic language golf courses golf courses in Arizona golf courses in Tucson gps habitat health heated floors heating hidden room hikes hiking historical hobby room holiday events home home blueprint home blueprints home builder Home building home decor home decorations home details home improvement home owners home plan home size house house blueprints house details houseplants housing markets how to buy how to buy land how to make your neighborhood safer hvac industrial style interior design internet internet in Tucson internet providers in Tucson laminate land land parcel land report land use land use in Tucson land zoning living in Tucson loan program lot lots man cave march land report measurement mexican minimalist modern mortgage movie bluff movie room moving mudroom national park native vegetation neighborhood new home new year night lights non-invasive plants Old West organization packing permit permit needed permits preventing erosion property property in Arizona property in Tucson property listings property report purchasing residential land real estate real estate in Arizona real estate market real estate report realtor tucson recessed light remote work remote work in Arizona remote work in Tucson remote working residential land resolution restaurant riperian riperian habitat rooms run rural Tucson safe neighborhood salad sales salt lamp Scottsdale selling real estate slope spa spa room specialty rooms steak stone style subdivisions Summer summer activities summer events sun exposure takeout Technology theatre things to do in arizona things to do in tucson things to do in tuscon topography travel traveling Tucson Tucson 2020 economy tucson activities Tucson Arizona tucson christmas Tucson economy tucson events Tucson home owners Tucson housing market tucson land tucson land for sale tucson land loans tucson land report Tucson lifestyle Tucson living tucson lot loans tucson lots tucson mountains Tucson national parks tucson real estate Tucson real estate market tucson realty tucson summer tucson summer events Tucson vegetation tuscon land report unusable land Upgrades upgrading your home upgrading your interior useable land vacant land vacant land design guidelines vacant land guidelines vacant land tucson vacant Tucson lots vacation vegetation views vintage walk warranty Wash what to do in Tucson where to eat where to eat in Arizona working in Tucson working remote in Tucson working remotely zip codes zones zoning

Sign Up for News

Sign Up

Featured Listing