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 South Carolina, 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 similar entities. These restrictions are attached to the property's deed and are binding on current and future owners. They can dictate various aspects of property use, such as the type of structures allowed, aesthetic choices like exterior colors, the presence of fences, and prohibitions on certain types of vehicles or animals. Deed restrictions can also regulate activities like home businesses, short-term rentals, and the division of lots. When a property is purchased, the buyer agrees to these covenants. In South Carolina, for a deed restriction to be enforceable, it must be reasonable, not violate any laws or moral standards, and not be contrary to public policy. Additionally, property owners may volunteer deed restrictions in the context of a zoning change application to address specific conditions and make a new zoning classification more suitable for the property in question.