Dearest Gentle Reader, I Say the Dirty Deed Restriction Is No Match for a Conservation District

Dearest gentle readers,

It has come to this humble scribe’s attention that the ton is abuzz with a shocking misunderstanding. Indeed, my writings are being used in a most contentious manner. Whispers abound that former residents of the ton who have left for greener pastures are now returning to raise a protest over scandalous speculation surrounding the rather dirty deed restriction and the valuable conservation district. 

Gossip has always been the lifeblood of the ton, so let me make haste to stop wagging tongues, speculation, and intrigue. Let us lift the veil of mystery, yield to the gravity of reality, and an appreciation for fact.

Much has been discussed and debated about the value of expanding an existing conservation district ordinance, much like the Lakewood Conservation District expansion. The ton has 16 such conservation districts, which are sought after by the genteel folk who wish to protect a neighborhood’s distinctive character by preserving its historic architectural integrity. Such an ordinance is permanent and binding for all future landowners in the district. If a resident wishes to transform the exterior of their residence or demolish and build anew, they are called to submit to city review.

The Dirty Deed Restriction

Pray to tell why this humble writer describes the deed restriction as dirty. Legal enforcement is not always tenable. Deed restrictions must be lawful, reasonable, and consistent with public policy. All of these are open to interpretation. So, gentle reader, one can see the conundrum.

The contrast between the deed restriction and a conservation district is significant. 

A deed restriction can certainly protect a property’s value and regulate anything from the number of trees that can be removed to whether a home may be demolished. However, there is often a lifespan on deed restrictions of 25-30 years. There can be an automatic renewal. They can also be in effect in perpetuity.

Here lies the rub.

Deed restrictions rely on the individual to provide oversight for the property. There simply are no “preservation police” so no one has a duty to enforce or oversee that a deed restriction is respected. They are sometimes simply ignored.

In stark contrast, a conservation district clearly conveys enforcement rights to the local government, providing a sense of support and protection to the residents.

As the honorable Christopher I. Clark, a partner with Fox Rothschild LLP, told this author last year, the challenge of the deed restriction is in enforcement.

“It’s one of the reasons neighborhoods apply for historic and conservation district status,” Clark said. “The city is the party that enforces the restrictions. If there is not a common theme or set of reciprocal covenants, who is entitled to enforce the restrictions? 

Wager wrongly, and you may find yourselves left with nothing but regret, gentle readers. The consequences of not understanding the differences between deed restrictions and conservation districts can be severe, and the residents of the ton must grasp these distinctions.