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 Wyoming, 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), residential subdivisions, and community associations. Deed restrictions can govern a wide range of property aspects, including but not limited to the type of fences, the presence of home businesses, exterior colors, parking for unlicensed vehicles, RVs, mobile homes, boats, trailers, farm animals, yard signs, lot division, short-term rentals, setbacks, house sizes, architectural designs, pets, dues, and assessments. They can also ensure properties are used only for single-family residential purposes, prevent obstruction of neighbors' views, and regulate the planting of trees and shrubs. When a property owner seeks a zoning change, they may volunteer deed restrictions to make the new zoning classification more suitable by addressing specific property conditions. Deed restrictions in Wyoming are enforceable as long as they are reasonable, not immoral or illegal, and not contrary to public policy.