Housing Easements and Deed Restrictions

• Deed Restriction as the Legal Tool:

  • Similar to a Conservation Easement, a Deed Restriction is used to outline specific restrictions on property use and occupancy.

  • These restrictions are legally binding and recorded with the property deed.

  • They “run with the land,” meaning they apply to current and future owners.

• Easement for Enforcement:

  • While the Deed Restriction defines the rules, the Easement grants a third party—such as a community land trust—the legal authority to enforce them.

  • This structure ensures that the housing goals are upheld over time.

• Methow Housing Trust (MHT) Approach:

  • MHT’s Housing Easement Program uses Deed Restrictions to establish occupancy and use conditions.

  • MHT holds an Easement, giving it the right and responsibility to enforce these terms.

• Key Terms Explained:

  • Deed Restriction:
    A legal covenant in the property’s deed where owners agree to use limitations; common in housing; binding across owners over time.

  • Easement:
    A nonpossessory property right that allows someone (like MHT) to use or access another's property for a specific purpose—here, to enforce the Deed Restriction.

  • Conservation Easement:
    A legal agreement filed with the deed that limits land use (e.g., for open space or agriculture) and gives a Land Trust the power to enforce those limits.

• Purpose of the “Housing Easement” Term:

  • A new term coined to reflect a conservation-minded approach to housing.

  • Mirrors the intent of Conservation Easements but applies it to housing affordability and stewardship, rather than land preservation.

  • Intentionally avoids the word “restriction” to emphasize long-term protection and community benefit rather than limitation.