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 Indiana, deed restrictions, also known as restrictive covenants, are limitations placed on the use of property that are agreed upon when a buyer purchases the property. These restrictions are common in homeowners' associations, residential subdivisions, and community associations, and can dictate a wide range of property uses and features, including the types of structures that can be built, the appearance of properties, and the activities that can be conducted on the premises. Deed restrictions can cover aspects such as fence specifications, home businesses, exterior colors, parking for vehicles and recreational equipment, types of allowed animals, signage, property division, rentals, building setbacks, house sizes, architectural requirements, and more. Additionally, property owners may voluntarily impose deed restrictions in connection with zoning change applications to address specific property conditions. To be enforceable in Indiana, deed restrictions must be reasonable, legal, moral, and not against public policy. Violations of deed restrictions can lead to legal action by the enforcing party, typically an HOA or other community association.