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 Nebraska, 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 property developers. These restrictions can dictate various aspects of property use and maintenance, such as the type of fences allowed, the presence of home businesses, exterior colors, and the parking of recreational vehicles, among others. When purchasing a property with such restrictions, the buyer agrees to abide by them. Deed restrictions are legally binding if they are reasonable, legal, and not against public policy. They can be put in place voluntarily by property owners, sometimes as part of a zoning change application to ensure that the property use aligns with the desired zoning classification. In Nebraska, as in other states, deed restrictions must be recorded in the county where the property is located to be enforceable against future buyers. Violations of deed restrictions can lead to legal action by the HOA or other parties with enforcement authority.