Deed Restrictions Vs. Covenants

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Agustina Sklar

November 25, 2019 20:29

 

 

Could somebody explain to me the difference between a deed restriction and a covenant or a restrictive covenant? Which is more restrictive?

 

thanks

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  Audrey Bertrand December 04, 2019 01:36

  It is my understanding that deed restrictions are "restrictive covenants". Deed restricts the use of the property by the buyer. Examples are: setback, material, # of sq ft 

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  Thais Bohli December 04, 2019 15:44

  Affirmative covenant, conditional covenant and restrictive covenant are all deed restrictions. These are private agreements that can restrict and control the use of the property.

  This is from Ballast:

  Restrictive covenants are legal and enforceable (if reasonable and in the public interested). It’s more common for developers to include restrictive covenants in the deeds, such as setbacks, minimum square footage of houses, materials etc.

  Affirmative covenants requires a buyer to perform something if he buys a property, like install and maintain a fence.

  Conditional covenants allows the title of the property to revert back to the original owner if the restrictions on the deed are no followed.  

  I think the restrictive covenants are the most restrictive ones because applies to the entire subdivision and covers all properties in the area in relation to size, colors, materials, setbacks, etc.

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  Samira Sheikholeslami December 06, 2019 16:40

  Hi Audrey, 

  I have read it somewhere that "Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses".Meaning that it is one of the deed restrictions. 

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  Agustina Sklar December 06, 2019 16:46

  Thanks to everyone for your clarifications & responses. 

   

  My sister (who is a lawyer) clarified that covenants are indeed more restrictive.

  Deeds are drafted to transfer titles of properties from one owner to another. Should there be any covenants they would be noted on the deed. The deeds bind the one owner to the new one while covenants bind the new owner and any and all future owner of the properties. 

  So, deed restrictions are essentially contracts between two parties, while covenants apply to all owners of the property. 

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