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 Virginia, deed restrictions, also known as restrictive covenants, are legally enforceable limitations on the use of property that are often included in the deed. These restrictions can dictate various aspects of property use, such as the type of structures that can be built, the activities that are permissible, and the appearance of properties within a community. Homeowners' associations (HOAs) and neighborhood associations commonly implement such restrictions to maintain a certain standard or aesthetic within a community. Deed restrictions can cover a wide range of issues, including but not limited to the height and material of fences, the operation of home businesses, exterior colors of homes, parking of certain vehicles, and the presence of farm animals or pets. Additionally, they may regulate architectural styles, minimum house sizes, and the division of lots. In Virginia, for a deed restriction to be enforceable, it must be reasonable, not violate any laws or public policy, and not be deemed immoral. Property owners sometimes volunteer deed restrictions when applying for a zoning change to address specific conditions and make a proposed zoning classification more suitable. It is important for property buyers in Virginia to be aware of and understand any deed restrictions before purchasing property, as they are agreeing to these restrictions upon purchase.