What can I do on my property: Understanding the Deed of Restrictions

Have you ever wondered what you can or cannot do on your property?

- By HENRY L. YAP, UAP, FPIEP, EAROPH

Most properties, especially those in gated communities, have titles annotated with the Deed/Declaration of Restrictions (DOR), a legal document that outlines specific limitations on how the property can be used. These restrictions are designed to promote harmonious usage among the property's owners and residents, thereby safeguarding its value, if not enhancing it.

Homeowners and condo unit owners who seek a peaceful abode are encouraged to understand these restrictions.

1. Contractual Nature. DORs are essentially contracts. As the initial owners, developers can establish conditions and limitations on how lots or units within their development can be used and maintained. These restrictions are stipulations that subsequent buyers must accept when purchasing a property with a pre-existing DOR on the title. The buyer's acceptance of the deed, whether implied or explicit, forms a binding contract. As per Article 1306 of the Civil Code of the Philippines, contracting parties can establish such stipulations, clauses, terms, and conditions as they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.