What is a Covenant? Zoning Definition

A covenant is a private, legally enforceable promise attached to a piece of real property that dictates how the property can or cannot be used. Unlike zoning laws, which are enacted by government, covenants are created by private parties — typically the original developer of a subdivision — and are recorded in the property deed so they "run with the land," meaning they bind all future owners.

Common examples include restrictions on the types of structures you can build, minimum house sizes, exterior paint colors, fence heights, and whether you can park boats or RVs in the driveway. Covenants can also require property owners to maintain landscaping, pay dues to a homeowners association (HOA), or use certain building materials.

It is important to understand that covenants operate independently of municipal zoning. A property might be zoned to allow a certain use, but a covenant could prohibit it. For instance, your city's zoning code might permit accessory dwelling units (ADUs), but your subdivision's covenants might ban them. In most cases, the more restrictive rule applies — so you need to check both zoning regulations and any covenants on your property before starting a project.

Covenants can sometimes be modified or removed, but doing so typically requires agreement from a specified percentage of property owners in the subdivision or a court order. If you are buying property, always review the deed and any recorded covenants before closing to understand what restrictions you will inherit.