Restrictive Covenants

An agreement included in a deed to real property that the buyer (grantee) will be limited as to the future use of the property.

Example: no fence may be built on the property except of dark wood and not more than six feet high, no tennis court or swimming pool may be constructed within 30 feet of the property line, and no structure can be built within 20 feet of the frontage street.

Commonly these covenants are written so that they can be enforced by the grantor and other owners in the subdivision, so that future owners will be bound by the covenant (called "covenant running with the land" if enforceable against future owners).

All restrictive covenants based on race were declared unconstitutional in 1949 and if they still show on deeds are null and void.