A deed restriction—also known as a restrictive covenant—is a limitation on how a piece of property can be used. Deed restrictions may limit activities on a property, uses of a property, and the type of home or building that can be built on a property.

Deed restrictions are essentially contractual promises or agreements (covenants) regarding the use of property and a buyer agrees to the deed restrictions when purchasing the property.

Homeowners’ associations (HOAs), residential subdivisions, and neighborhood and community associations often have deed restrictions on what can be placed, stored, or done on the property. Deed restrictions commonly address:

• fences (height, material)

• home businesses

• exterior colors

• motor vehicles without current license plates

• recreational vehicles (RVs)

• mobile homes

• boats and trailers

• farm animals

• yard signs

• dividing lots (for resale)

• short term rentals (Airbnb)

• setbacks (from the street)

• house sizes

• architecture (with approval required by committee)

• pets

• dues and assessments

• single-family residential dwellings only

• obstruction of neighbors’ views

• planting trees, shrubs, bushes

• other buildings and structures

Deed restrictions may be volunteered by a residential or commercial property owner in connection with a zoning change application. In that context the volunteered deed restrictions are intended to address specific conditions on the property to make the proposed zoning classification more appropriate.

Deed restrictions are usually enforceable if they are (1) reasonable; (2) not immoral or illegal; and (3) not contrary to public policy.

In Arkansas, deed restrictions, also known as restrictive covenants, are legally enforceable limitations on the use of property that are typically created by developers or homeowners' associations (HOAs) and are attached to the property's deed. These restrictions can dictate various aspects of property use, such as the type of structures that can be built, the materials used for fences, the presence of home businesses, and the storage of vehicles or trailers. They are agreed upon when a buyer purchases the property and are binding on future owners. Deed restrictions are intended to maintain a certain standard within a community or subdivision and can include stipulations on architectural styles, minimum house sizes, and prohibitions on certain activities or structures. In Arkansas, as in other states, for a deed restriction to be enforceable, it must be reasonable, not violate any laws or public policy, and not be deemed immoral. Additionally, property owners may volunteer deed restrictions in the context of a zoning change application to address specific conditions and make a proposed zoning classification more appropriate. Violation of deed restrictions can lead to legal action by the HOA or other parties with an interest in the enforcement of the covenant.