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 West Virginia (WV), 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, including but not limited to the type of structures that can be built, the colors of exteriors, the presence of fences, and the allowance of certain types of animals. Deed restrictions are legally binding and are attached to the property's deed, meaning they are passed on to subsequent owners. They are enforceable in court provided they meet certain criteria: they must be reasonable, not violate any laws or public policy, and not be deemed immoral. Additionally, property owners may voluntarily impose deed restrictions on their property in connection with a zoning change application to address specific conditions and make a new zoning classification more suitable. It is important for property buyers in WV to be aware of any deed restrictions before purchasing property, as they agree to these restrictions upon purchase and must comply with them.