Restrictive Covenants: What You Can and Cannot Do With Your Property

4 October 2025

Owning a home is the ultimate dream for many. It’s your sanctuary, your investment, and your little slice of the world. But what if I told you that even though you legally own your property, there might be a list of rules you need to follow? Enter restrictive covenants—a set of conditions that can dictate what you can and cannot do with your own land.

If you've ever wondered why your neighbor can't build a five-story mansion in a suburban neighborhood or why homeowners associations (HOAs) have such strict rules, restrictive covenants are the reason. Let’s break down what they are, what they mean for you, and how they can impact your property ownership.

What Are Restrictive Covenants?

A restrictive covenant is a rule or restriction placed on a property, often by a developer, municipality, or homeowners association, that limits how the property can be used. These restrictions are legally binding and are typically recorded in your property deed or in subdivision agreements.

Why Do They Exist?

At first glance, restrictive covenants might sound like an unnecessary headache. But in reality, they’re designed to protect neighborhood uniformity, property values, and overall aesthetics.

Think about it—if there were no rules, your peaceful, tree-lined street could end up with brightly painted pink houses, front yards turned into junkyards, or neighbors parking RVs on their lawns permanently. Restrictive covenants help maintain a certain standard, ensuring that everyone plays by the same rules.

Common Types of Restrictive Covenants

Not all restrictive covenants are the same. They can range from minor design guidelines to serious limitations that might affect your future plans. Here are some of the most common ones:

1. Building and Design Restrictions

If you've ever tried to build a deck or add an extension to your home and ran into a wall of paperwork and approvals, restrictive covenants were likely at play. These rules often regulate:

- The size and height of buildings
- The materials that can be used
- Exterior color schemes
- Landscaping requirements

For example, in many HOA communities, you can’t just paint your house lime green without approval. There are often strict guidelines regarding how homes should look to maintain a cohesive aesthetic.

2. Land Use Restrictions

Some properties have restrictions on how you can use your land. This can include:

- Prohibiting agricultural activities (no backyard chickens or vegetable farms)
- Restrictions against running a business from your home
- Limitations on subdividing a property into multiple lots

If you were dreaming of turning your garage into a cozy little café, a restrictive covenant might bring that dream to a screeching halt.

3. Pet and Animal Restrictions

Love exotic pets? Some restrictive covenants say, “Not in our neighborhood.” Many HOAs and communities have regulations that prevent homeowners from keeping certain animals, such as:

- Farm animals (no goats, cows, or roosters)
- Exotic pets (snakes, alligators, or anything deemed “dangerous”)
- Breed-specific bans (some places prohibit certain dog breeds)

These rules are typically in place to prevent noise disturbances, safety concerns, or foul odors.

4. Vehicle and Parking Restrictions

If you’ve ever wondered why your neighbor doesn’t have a fleet of boats, trailers, and RVs parked in their driveway—it’s probably because of restrictive covenants. Many subdivisions enforce parking rules, such as:

- No street parking overnight
- No storing commercial vehicles in driveways
- Limiting RV or boat parking on the property

These rules help avoid neighborhoods looking cluttered or chaotic.

5. Fencing and Landscaping Rules

Want to build a 15-foot privacy fence to keep out nosy neighbors? Some restrictive covenants might not allow that. In many communities, there are rules about:

- The height and type of fences allowed
- Approved tree and shrubbery types
- Grass maintenance requirements (yes, some places actually require you to mow your lawn regularly!)

Some neighborhoods even go as far as banning chain-link fences altogether, favoring wooden, wrought iron, or vinyl fencing instead.

6. Short-Term Rental Restrictions

With platforms like Airbnb and Vrbo growing in popularity, many neighborhoods have implemented rules against short-term rentals. If you're thinking about renting out your home on weekends for extra income, check your property’s covenants first. Some common restrictions include:

- No rentals under 30 days
- Owner must be present during rentals
- Strict guest limits and parking rules

These covenants help prevent transient renters from disrupting tight-knit communities.

Are Restrictive Covenants Legally Enforceable?

Yes—most of the time. Restrictive covenants are legally binding because they are filed as part of your property’s deed. This means if you ignore them, you could face:

- Fines and penalties from your HOA or local municipality
- Legal action and lawsuits
- Forced removal of unapproved changes (like tearing down an unauthorized structure)

While some old or unreasonable covenants might be challenged in court, most are upheld if they serve a legitimate purpose.

Can You Remove or Change a Restrictive Covenant?

In some cases, yes—but it’s not always easy. Here are a few ways to attempt it:

- Petition the HOA or governing body to remove or modify the restriction
- Get a legal variance or special exception for your particular case
- Challenge outdated or discriminatory covenants in court

For example, some older covenants contained racially discriminatory language (now illegal under the Fair Housing Act). While these provisions aren’t enforceable today, they still exist in some outdated deeds and may require legal action to remove.

How to Find Out if Your Property Has Restrictive Covenants

Not sure if your home has any restrictive covenants? Here are a few ways to check:

1. Read your property deed – Covenants are often listed in your title documents.
2. Check HOA documents – If you live in a subdivision with an HOA, they will have a list of community rules.
3. Visit your county recorder’s office – Many property restrictions are recorded in public records.
4. Ask your real estate agent or attorney – If you're buying a home, they can help you navigate any restrictions.

Should You Buy a Home With Restrictive Covenants?

It really depends on your lifestyle and future plans. If you love a well-manicured neighborhood with controlled aesthetics, restrictive covenants might be a blessing in disguise. They help keep property values high and prevent unpredictable changes.

However, if you’re someone who prefers total freedom with your land—whether it’s painting your house neon pink or keeping backyard chickens—then restrictive covenants might feel too limiting.

Before purchasing a home, it's always smart to review any covenants carefully to avoid surprises down the road.

Final Thoughts

Restrictive covenants may not sound glamorous, but they play an essential role in shaping neighborhoods and maintaining property values. While they might feel restrictive at times, they often serve a greater purpose in preserving the overall integrity of a community.

So, whether you're buying a new home or planning a major renovation, always check the fine print—because what you can and cannot do with your property might already be decided for you!