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 Wisconsin, a deed restriction, or restrictive covenant, is a legal provision that controls how a property can be used. These restrictions are agreed upon by the buyer at the time of purchase and are often enforced by homeowners' associations (HOAs) or similar organizations. Deed restrictions can govern a wide range of property aspects, including the types of structures that can be built, the activities allowed on the property, and the appearance of the property. Common restrictions include limitations on fence specifications, home businesses, exterior colors, and the presence of certain vehicles or animals. They may also regulate lot division, short-term rentals, building setbacks, and architectural styles. Property owners sometimes offer deed restrictions voluntarily when seeking a zoning change to make a proposed use more acceptable. To be enforceable in Wisconsin, deed restrictions must be reasonable, legal, moral, and not against public policy. Violations of deed restrictions can lead to legal action and potential penalties for the property owner.