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 Montana (MT), 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 established by the property developer. These restrictions can dictate various aspects of property use and maintenance, including but not limited to the type of structures allowed, aesthetics such as exterior colors, the presence of fences, home businesses, and the parking of recreational vehicles. Deed restrictions are legally binding and are attached to the property's deed, meaning they are passed on to subsequent owners. They are enforceable as long as they are reasonable, legal, and not against public policy. In cases where a property owner seeks a zoning change, they may volunteer deed restrictions to mitigate concerns and make the new zoning classification more acceptable. It's important for property buyers in Montana to review any deed restrictions carefully before purchasing property, as these will dictate what they can and cannot do with their property.