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 Tennessee, deed restrictions, also known as restrictive covenants, are legally enforceable limitations on the use of property that are typically created by developers, homeowners' associations (HOAs), or individual property owners. These restrictions are attached to the property's deed and bind current and future owners. Common restrictions may dictate the size and type of structures, color schemes, fence specifications, and prohibitions on certain types of vehicles or animals on the property. They can also regulate activities such as home businesses, short-term rentals, and the division of lots. Deed restrictions are generally upheld by courts if they are reasonable, legal, and not against public policy. In some cases, property owners may voluntarily impose deed restrictions to gain approval for zoning changes, aiming to make a proposed use more acceptable to the community or local planning authorities. Violations of deed restrictions can lead to legal action by HOAs or other interested parties to enforce compliance.