What is a Deed Restriction? Zoning Definition

What Deed Restrictions Are

Deed restrictions (also called restrictive covenants) are private agreements that limit what a property owner can do with their land. Unlike zoning, which is imposed by the government, deed restrictions are placed by developers, previous owners, or homeowners' associations. Common examples include requirements for minimum home size, restrictions on exterior paint colors, prohibitions on certain types of fencing, or bans on commercial activity. These restrictions are recorded with the deed and bind all future owners.

Why Property Buyers Must Check Deed Restrictions

Even if zoning allows a particular use, a deed restriction can prohibit it. For example, zoning might permit ADUs in your neighborhood, but your subdivision's deed restrictions might ban any secondary structures. Before purchasing, always review the deed and any recorded covenants, conditions, and restrictions (CC&Rs). Your title company or real estate attorney can help identify these. Violating a deed restriction can result in a lawsuit from neighbors or the homeowners' association.

Practical Details

• Deed restrictions can be more restrictive than zoning but generally cannot override government regulations that serve a public interest (such as fair housing laws).
• Enforcement is private. The city does not enforce deed restrictions -- other property owners or the HOA must take legal action.
• Some old restrictions are unenforceable. Courts will not enforce deed restrictions that violate constitutional protections, such as discriminatory restrictions from earlier eras.
• Removing or modifying a deed restriction typically requires agreement from all affected property owners or a court order, which can be difficult and expensive.