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 Connecticut, a deed restriction, or restrictive covenant, is a legal provision that controls how a property can be used. These restrictions are agreed upon by the buyer at the time of purchase and are often enforced by homeowners' associations (HOAs) or similar organizations. Deed restrictions can govern a wide range of property aspects, including the appearance of fences, the operation of home businesses, the color of exteriors, parking of certain vehicles, and the presence of farm animals or pets, among others. They can also regulate structural issues such as lot division, setbacks, house sizes, and architectural designs. Additionally, property owners may voluntarily impose deed restrictions when seeking a zoning change to make their proposals more acceptable. In Connecticut, as in other states, for deed restrictions to be enforceable, they must be reasonable, legal, and not against public policy. Violations of deed restrictions can lead to legal action by the HOA or other interested parties to enforce compliance.