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 Massachusetts, deed restrictions, also known as restrictive covenants, are recognized as legal limitations on the use of property. These restrictions are typically included in the deed and bind the current and future owners of the property. They can dictate various aspects of property use, such as the type of structures that can be built, the colors of exteriors, the presence of certain types of vehicles, and the conduct of business activities, among others. Homeowners' associations often enforce these restrictions to maintain a certain aesthetic or character within a community. For a deed restriction to be enforceable in Massachusetts, it must be reasonable, not violate any laws or public policies, and be clearly stated in the deed or in the recorded restrictions. Additionally, Massachusetts law allows property owners to impose deed restrictions voluntarily, often in connection with zoning change applications, to address specific conditions on the property and make a proposed zoning classification more suitable. Violations of deed restrictions can lead to legal action by the HOA or other parties with an interest in the enforcement of the covenant.