In some deeds, there may be restrictive covenants that provide greater restraints on how property owners can use the property.  These may supplement or replace zoning regulations.  Although zoning regulations may call for certain restrictions, covenants of this nature may further usurp a property owner’s rights or include more stringent guidelines than those dictated by zoning regulations.  For example, a restrictive covenant may require a larger building set back line than the zoning regulation requires.  Additionally, they may limit the use of the area, such as only residential, even if zoning regulations would permit some commercial uses.

Restrictive covenants are designed to protect the existing property owners’ values of their homes as new owners move into the area.  They may state that only single family units can be constructed in the area.  They may also provide for continuity through a design scheme, such as requiring new development to be a certain amount of square footage, certain building materials to be used and certain architectural styles for the property that is bound by the restrictive covenant.  The owners association may insist upon an architectural review of plans for any new construction to ensure that the new property conforms to existing structures.

Restrictive covenants may also affect land use by prohibiting property owners from leasing the property or by placing restrictions on how property can be leased.  For example, the covenant may insist that all leases be at least one year or longer.

A restrictive covenant can be enforced by an adjacent owner or by the owners association through self-policing.  Successful enforcement of the restricted covenant can result in a court injunction that orders the owner to stop violating the covenant.  In some cases, monetary damages are also available.  Some states have passed additional legislation that provides greater damages or more rights to owners associations, such as the ability to fine the offender or restrict the owner from using community amenities.  Because the stakes are so high and affect the daily lives of the parties involved, disputes regarding restrictive covenants lend themselves to mediation.