Restrictions are legal documents that place limitations on the use of a property. These restrictions apply to all future owners of the property, and can’t easily be changed or removed by subsequent owners.
Section 12a of the Community Preservation Act requires that a permanent restriction be placed on any "real property interest" acquired using CPA funds to ensure that the property continues to be used for the applicable CPA purpose. Given this statutory requirement, a CPA project involving acquisition of any real property interest is technically not complete until the restriction is approved by the appropriate state agency and filed at the Registry of Deeds.
These are the four types of restrictions that are commonly used in CPA projects:
For Open Space Conservation and Outdoor Recreation Projects:
For Community Housing Projects:
For Open Space Agricultural Projects:
For Historic Projects:
Sample CPA Restrictions
Please note: These restrictions are provided as examples. They should not be used without consulting your Town Counsel or City Solicitor.
Conservation Restrictions - Conservation Land
Agricultural Preservation Restrictions
Historic Preservation Restrictions
Further Resources. . .
>> Read an article from our e-newsletter, CPA Update, Placing Historic Preservation Restrictions on Historic Properties
>> Read an article from our e-newsletter, CPA Update, Conservation Restrictions 101