Covenants

Definitions and Notes

Deed Restriction: Anything that reduces (or restricts) the deed. A covenant is a type of deed restriction, because it imposes restrictions/rules on the deed.

Covenant

Covenant: Literally means, ‘a contract’. In real estate, it's a legal agreement used to protect or uphold a condition or special circumstance of use on a parcel of land.

Covenants would be researched after the initial zoning and building code look.

• Covenants can be more effective than zoning in achieving and maintaining aesthetic harmony and overall quality.
• Legally they are more difficult to alter than zoning.

Restrictive Covenant: Require a buyer to not do something

• Example: May require that a building have a certain minimum floor area, and may specify the style, type of construction, and other such restrictions.
• Example: Mr A has a property, and sells half of the property to Mr. B. --- Mr. A has placed a covenant that Mr. B is not allowed to construct a driveway along the property and instead needs to access the garage from the alleyway.

Affirmative Covenant: Are covenants that legally require a buyer to do something

• Example: Maintain a fence and cut their grass when it gets to a certain length.