Restrictive covenants

Restrictive covenants are deed restrictions that apply to a group of homes or lots in a specific development or 'subdivision.' They are normally drafted and put in place by the original developer, and normally different for every home development, as they are generally set in place by the developer.

These Deed Restrictions give a development a more standard appearance because they control some of the activities that take place within its boundaries. Restrictive Covenants nearly always stipulate the minimum size residence allowed, how many homes may be built on one lot, and what type of construction the homes must (or must not) be. They may include numerous other restrictions.

Restrictive covenants can limit a variety of options for homeowners, from landscaping to structural modifications to circumstances of sale or rental. Some of these Deed Restrictions only prevent people from taking down trees, fundamentally altering places considered to have historical value or otherwise directly harming property values. Some go to an extreme and try to dictate absolutely everything a homeowner can do to the exterior, including the number of non-familial tenants one may have, or needing permission to re-paint the home unless it will be exactly the same color. Other extremes include dictating exactly when holiday decorations are allowed up, prohibiting the raising of a hood on any car (even to check it for safety), even prohibiting any car from being parked outside a garage at all.

Study these covenants carefully before making an offer to purchase real estate as they will govern what you can and cannot do with your property.

Restrictive covenants are deed restrictions but deed restrictions are not necessarily in the form of restrictive covenants.


 

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