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 Georgia, deed restrictions, also known as restrictive covenants, are used to govern the use of property within a community, often enforced by homeowners' associations (HOAs) or set forth by property developers. These restrictions can dictate various aspects of property use and maintenance, including but not limited to the type of fences allowed, the presence of home businesses, exterior aesthetics, parking of certain vehicles, pet ownership, and the size and type of buildings. Deed restrictions are agreed upon at the time of property purchase and are binding legal agreements. They are generally enforceable in Georgia as long as they are reasonable, not in violation of law or public policy, and do not promote immorality. Additionally, property owners may voluntarily impose deed restrictions on their property in the context of a zoning change application to address specific conditions and make a new zoning classification more suitable. It is important for property owners and potential buyers in Georgia to be aware of and understand any deed restrictions associated with a property, as they can significantly affect property rights and usage.