Deed Restriction With “Clothing Optional” Neighbor Could Be Recorded

Question: My lady friend and I live in one of the older Phoenix subdivisions. Custom homes, large yards, mature vegetation, very quiet and peaceful. My neighbors are generally elderly people. During the summer I rarely see them outside their homes, which adds to the privacy we enjoy. Bottom line, the pool parties we host are “clothing optional.” Nothing lewd, just a group of naked adults enjoying life, lounging in the pool, playing lawn volleyball or badminton covered “only by the sky.” Younger neighbors will eventually buy the nearby homes, however, and they may object if they or their children peek over our wall. Is there anything that we can do now to continue enjoying our backyard in the summer in the future?

Answer: You could agree now with your neighbors to record a privacy deed restriction. In other words, for a payment to your neighbors a deed restriction could be recorded against your neighbors’ houses, e.g., “clothing optional” during certain specific times in the summer months after written notice to the neighbors.

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