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.

Legal & title issues · Updated September 2026

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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.

Restrictive covenant: a simple example
The covenantWhat it does to the sale
No detached structuresA question for buyers with plans; an answer that is on record
Approval for exterior changesA process the buyer inherits
A restriction you have been violatingA 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

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