IANAL but I was trained at one time as a real estate agent. This is not legal advice and especially does not constitute personalized advice about anyone's particular situation.
Real property is not chattel. There's an exacting legal distinction between real property and chattel.
In the US, real property deeds carry what in the real estate field is sometimes called a "bundle of rights" which are by default included together but can be separable. One is the occupation and use of the land. One is the right to dispose of it to another buyer. One is the mineral rights to what's below the surface. One is inheritability. One is the freedom to put the land to particular uses. It's possible for example to negotiate a contract in which a person, party A, has nearly full ownership of land for a lifetime but it then goes to another party, and party A is not free to sell to someone else in the meantime. It's possible that you own a home under which you own no oil or gold rights. It's possible even (at least in some places) to grant a deed with lease-like restrictions such as giving your ne'er-do-well child a house and land that he actually owns, but only so long as he completes rehab and no drugs are ever found there.
Deed restrictions are agreed to by a number of nearby landholders and depending on jurisdiction may count as a contract or may actually be more fundamental to the ownership of the property, which further may depend on how the property was conveyed to the buyer. In many states or counites / parishes in those states, deed restrictions are on file with a government office and apply only for a certain number of years. A certain number of landholders must agree to new restrictions. A certain lower percentage of them must agree to keep enforcing existing restrictions. Depending on the type of restriction, the nature of the organization enforcing, how equally they've been enforced in the past, the jurisdiction, and potentially other factors they may carry no weight at all or may result in civil actions up to fines, liens, and specific performance rulings to correct deviations.
In Houston, or maybe it was Harris County (most of Houston is in Harris County and much of the county's land is in the city, so it's easy to forget when not using the information that often) HOAs were told that the bylaws must be on record, must be provided to property holders, must be enforced 100% the same across all restricted plots, must be mentioned at regularly held meetings, and a few other conditions must be met or they were completely null and void. I live in a community with a reasonable HOA, and I'm glad it's neither a free-for-all (there's little to no zoning at the city level) nor one of those HOAs that charges hundreds of dollars a month to come and measure the grass and use a spectrometer on the exterior paint.
Real property is not chattel. There's an exacting legal distinction between real property and chattel.
In the US, real property deeds carry what in the real estate field is sometimes called a "bundle of rights" which are by default included together but can be separable. One is the occupation and use of the land. One is the right to dispose of it to another buyer. One is the mineral rights to what's below the surface. One is inheritability. One is the freedom to put the land to particular uses. It's possible for example to negotiate a contract in which a person, party A, has nearly full ownership of land for a lifetime but it then goes to another party, and party A is not free to sell to someone else in the meantime. It's possible that you own a home under which you own no oil or gold rights. It's possible even (at least in some places) to grant a deed with lease-like restrictions such as giving your ne'er-do-well child a house and land that he actually owns, but only so long as he completes rehab and no drugs are ever found there.
Deed restrictions are agreed to by a number of nearby landholders and depending on jurisdiction may count as a contract or may actually be more fundamental to the ownership of the property, which further may depend on how the property was conveyed to the buyer. In many states or counites / parishes in those states, deed restrictions are on file with a government office and apply only for a certain number of years. A certain number of landholders must agree to new restrictions. A certain lower percentage of them must agree to keep enforcing existing restrictions. Depending on the type of restriction, the nature of the organization enforcing, how equally they've been enforced in the past, the jurisdiction, and potentially other factors they may carry no weight at all or may result in civil actions up to fines, liens, and specific performance rulings to correct deviations.
In Houston, or maybe it was Harris County (most of Houston is in Harris County and much of the county's land is in the city, so it's easy to forget when not using the information that often) HOAs were told that the bylaws must be on record, must be provided to property holders, must be enforced 100% the same across all restricted plots, must be mentioned at regularly held meetings, and a few other conditions must be met or they were completely null and void. I live in a community with a reasonable HOA, and I'm glad it's neither a free-for-all (there's little to no zoning at the city level) nor one of those HOAs that charges hundreds of dollars a month to come and measure the grass and use a spectrometer on the exterior paint.