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 Utah, 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 and size of structures, types of permissible activities, and the presence of certain items on the property. For a deed restriction to be enforceable in Utah, it must be reasonable, legal, and not against public policy. This means that restrictions cannot be arbitrary, discriminatory, or in violation of state or federal laws. Deed restrictions are typically recorded with the county recorder's office and are binding on future owners of the property. Violations of deed restrictions can lead to legal action by the HOA or other parties with an interest in the enforcement of the covenant.