Deed Restrictions & CC&Rs in The Acreage FL — What Buyers Must Know Before Purchasing
The Acreage is known for freedom from HOA oversight — but individual parcels can still carry recorded deed restrictions or CC&Rs that limit what you can build, keep, or do on the property. These are binding, title-level encumbrances that transfer with the deed.
☎️ 561-201-4717
Most Acreage properties are in unincorporated Palm Beach County without an active HOA — which is exactly why buyers choose them. But the absence of an HOA doesn’t mean the absence of restrictions. Individual parcels may carry recorded deed restrictions or CC&Rs from the original developer, from a previous owner, or from a recorded plat that creates community-wide rules for a specific subdivision. These are not HOA rules enforced by a board; they’re title-level encumbrances that follow the property to every future buyer. Reading the deed before you close is not optional.
Deed Restrictions vs CC&Rs: What’s the Difference
Both are legally binding land-use limitations, but they originate differently:
- Deed restrictions: Limitations placed directly in the deed instrument by a grantor (original developer or prior owner); they run with the land and bind every subsequent owner regardless of whether they knew about them at purchase
- CC&Rs (Covenants, Conditions & Restrictions): A broader recorded document, typically filed by a developer when subdividing land, that applies to all lots within a defined subdivision; may have an associated committee or oversight mechanism even without a formal HOA
- Palm Beach County zoning: Separate from deed restrictions; county zoning for The Acreage (AR — Agricultural Residential) sets baseline rules for the area, but individual deed restrictions can be more limiting than zoning allows
A property can comply with county zoning and still be subject to more restrictive deed-level rules. Zoning sets the floor; deed restrictions can raise it.
Common Restrictions Buyers Encounter in The Acreage
- Animal quantity limits: Some recorded plats cap the number of horses, livestock, or dogs permitted on a parcel; equestrian buyers specifically need to verify these before purchasing a property they plan to use for multiple horses
- Structure type restrictions: Prohibitions on mobile homes, modular construction, metal buildings, or outbuildings that don’t match the primary residence’s construction type or footprint
- Building size limits: Minimum or maximum square footage requirements; restrictions on the height or footprint of accessory structures (barns, workshops, garages)
- Commercial vehicle restrictions: Limits on parking commercial vehicles, semi-trucks, construction equipment, or work vehicles on the property or in visible areas
- RV and boat parking: Some recorded plats prohibit or restrict where RVs and boats can be stored on-lot; affects buyers who specifically want to park their recreational vehicles at home
- Short-term rental prohibitions: Some deed restrictions prohibit short-term rentals (Airbnb, VRBO); buyers who plan to rent the property short-term must verify this before purchasing
- Fence type and height: Restrictions on fence materials, heights, or placement; can affect equestrian paddock fencing configurations
- Landscaping and clearing limits: Requirements to maintain certain vegetation or limits on clearing trees; varies by parcel and recorded document
How to Verify Restrictions Before You Offer
Deed restrictions and CC&Rs are public record in Palm Beach County. Here’s how to find them before going under contract:
- Palm Beach County Official Records search: Available at mypalmbeachclerk.com; search by property address or legal description; deed restrictions and CC&Rs filed by the original developer will appear as recorded documents in the chain of title
- Title commitment review: Your title company will produce a commitment identifying all recorded encumbrances on the property, including deed restrictions; review Schedule B exceptions carefully — this is where restrictions appear
- Review the plat map: Some restrictions appear in the original subdivision plat rather than in a standalone recorded document; your title company or real estate attorney can pull the plat
- Ask the seller directly: The seller’s disclosure statement should identify known deed restrictions; an honest seller who is aware of restrictions will disclose them; a seller who is unaware doesn’t relieve you of responsibility to find them
National property research context: nar.realtor/research-and-statistics
What Happens If You Violate a Deed Restriction
Unlike HOA violations (which are handled administratively by the association), deed restriction violations are enforced in civil court by any party with standing — typically another property owner in the same recorded subdivision. Violations can result in court orders requiring removal of structures, cessation of activities, or monetary damages. Because there’s no managing HOA board to appeal to, resolution is more complex and expensive than a typical HOA dispute.
The practical implication: discover restrictions before you build, purchase animals, or make improvements — not after. Post-closing discovery of a restriction that prevents your intended use has no clean remedy.
Acreage buyer resources: palmbeachcountyhomeforsale.com/selling/
Buying in The Acreage or Loxahatchee? Let’s review the deed and recorded restrictions on any property you’re considering before you offer. Bilingual coordination with Lucy Lopez.
Call or text Brian: 561-201-4717
Brian Wilder
The Wilder Real Estate Group · Keller Williams Wellington
In business since 1996 · 1,500+ Palm Beach County transactions
Bilingual coordination with Lucy Lopez: 561-285-8809
561-201-4717 · palmbeachcountyhomeforsale.com