Restrictive covenant
A promise recorded in the deed that limits what can be done with the land. Common in subdivisions. Runs with the land, so future owners are bound too.
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Where this comes up: getting ready
Part 1 of 4
Why a seller cares
Subdivision covenants limit what an owner can build, park or run, and they bind the buyer. They are in the title record, buyers' lenders read them, and a buyer with plans the covenants block is a buyer who walks.
Part 2 of 4
A simple example
Your subdivision's covenants ban detached garages and require an architectural committee's approval for fences. A buyer wanting a workshop asks.
| The covenant | What it does to the sale |
|---|---|
| No detached structures | A question for buyers with plans; an answer that is on record |
| Approval for exterior changes | A process the buyer inherits |
| A restriction you have been violating | A disclosure, and sometimes a fix before closing |
Covenants run with the land. The buyer signs up to them by buying.
Part 3 of 4
What people get wrong
That covenants nobody enforces do not count. They stay on the record, and a new neighbor or a new board can enforce them.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
In your Room, this word explains itself where it appears.
Your Room defines restrictive covenant in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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