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Page 2 ordinances. The latter would include "zoning restrictions" , but not a requirement to have the purchaser impose a "deed restriction. " 2 ) The transaction was fully completed at the closing on October 27, 1987 which was handled by Hexagon Title Company, Inc. as an agent for the lender to Kesselhon, Bache Funding of Wisconsin. The lender as of that date had a mortgage lien on the lands involved. Any deed restriction would need to have a release or other appropriate consent to the imposition thereof given by the mortgage lender in order to be effective. 3 ) The legal description in the requested restriction is by metes and bounds rather than by reference to the Certified Survey which is of record and which is the only appropriate and proper method of describing the land under the subdivision ordinance of the County of Dane and the laws of the State of Wisconsin, with the proper exceptions being taken out of the whole parcel for the unaffected portions thereof. 4 ) The restriction "outside storage is not permitted. " is entirely too vague to be enforceable and is therefore unconstitutional. 5 ) If a deed restriction in the nature of that being requested is being compelled by a governmental authority to be given by the land owner, then under the Constitution of the United States and of this state the land owner is entitled to compensation for damages for a taking of an interest in his lands. This requires the proper notices in a condemnation procedure. A land owner can not be voluntarily compelled to give a deed restriction depriving him of a right in his land without just and due compensation. 6 ) There is also a question of the propriety of governmental units having permitted such land uses in the past and then, after a purchaser has acquired his property, selectively attempting to require him to limit his use of the lands he purchased. Although, Mr. Kesselhon does not intend to permanently store personal property on these lands , it is a matter of principle, as well as fairness, in applying the force of governmental regulation. 7 ) If such deed restriction is being required to be signed by Mr. Kesselhon at this time, it would be a failure of the seller to perform her obligations to the purchaser and would place the purchaser in the position of being able to claim a recission of this sale because of a failure of a condition thereof and reimbursement of the damages he had incurred.