Ostroff, Fair and Company
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Deed restrictions for open spaces, what is it, and is it possible to invalidate?



In Los Angeles County, CA, if you buy a property that is deed restricted for open space, is there any way to invalidate/ break the deed if you want to reside on it without changing or building on the site... (perhaps a mobile home...until the time you can acquire permission/ permits to put a house on the land? Any and all information is helpful? Thank you.

Partly it depends on what is the source of the deed restriction. If the restriction is part of a subdivision, and it is simply part of the HOA deed restrictions for that area, it could be possible to ask the HOA to withdraw that deed restriction, although that almost never happens.

In most cases, you have to go to the County Zoning Commission and petition them to change the restriction. This is a long process that can take 1-5 years.
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