Correct again, but the transferor, or their heirs, can go to court to get title back. If they demonstrate the restriction has been violated and the judge agrees, they win.
My grandfather always used to say “You don’t get arrested for stealing, you get arrested for being caught.”
“but the transferor, or their heirs, can go to court to get title back. If they demonstrate the restriction has been violated and the judge agrees, they win.”
Only if the judge is a member of the 10th century Church of England.
Imagine a piece of property owned by 10 people over a century. Each owner adds a deed restriction to that property. The “dead hand” of 10 different owners reaches out and demands that each restriction be honored by the present owner. Then it’s no longer private property.
What if one deed restriction conflicts with another deed restriction? Which restriction takes precedence?
Common law does not recognize “dead hand” deed restrictions.