Searching for Restrictions
Searching for restrictions in the Recorder’s Office may be complex and time consuming. Restrictions may appear in recorded CC & Rs, deeds or maps.
The best and most conclusive method of findings documents to determine if a property is affected by restrictive language is to read a title report issued by a title company. A title report is typically issued when a property is purchased.
If the language is not on the current Deed, the next step is to review the legal description. If the legal description describes a Lot & Block, referencing a recorded map, look at the map.
From the map, note the owner of the subdivision, the date the map recorded, and the name of the map. Look to see if there are common areas shown the maps and if a Homeowners Association is identified. If a reference is listed in the database, look up the CC&Rs to check for restrictive language contained therein.
To check further, the next step is to enter the name of the owner of the subdivision, as shown on the map, in the Recorder’s Grantor-Grantee Index. Locate the Deed when the property was first sold out of the subdivision and check for restrictive language that may be contained in the Deed. To search further, look up the owner’s name prior to the recording of the subdivision to find the deed to the subdividing entity if different from the owner.
If the subdivision shown in the legal description on the Deed is described as Map No. 2 or any subsequent number, repeat the previous step until you have located the original subdivision.
Afterwards conduct a chain of title search, running the names of every owner in the chain to be certain every opportunity to record restrictive language has been examined.
Although Recorder’s staff can help you begin your search, due to staffing constraints, they are unable to perform the search for you.