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 New York State, deed restrictions, also known as restrictive covenants, are legally enforceable limitations on the use of property that are attached to the deed. These restrictions can dictate various aspects of property use, such as the type of structures that can be built, the activities that can be conducted, and the appearance of the property. Homeowners' associations (HOAs) and other community organizations commonly implement such restrictions to maintain a certain standard or aesthetic within a community. Deed restrictions are agreed upon by the buyer at the time of purchase and are binding. They can also be imposed by property owners as part of a zoning change application to address specific conditions and make a new zoning classification more suitable. To be enforceable, deed restrictions must be reasonable, legal, and not against public policy. They are typically enforced by the party that holds the benefit of the restriction, which can be an HOA, neighbors, or future owners of the property. Violations of deed restrictions can lead to legal action and potential penalties or required compliance.