Land use and encumbrances

Restrictive covenant

A private promise limiting how land may be used, recorded against the title

Put in place by a developer or an earlier owner rather than by government, and enforced by the neighbors or the association it benefits. Because it runs with the land it binds buyers who never agreed to it and never met the person who imposed it.

Covenants that discriminate against a protected class are void and unenforceable, and the text of them still appears in old recorded documents.

Easily confused with

Zoning is a public power exercised by government and enforced by a municipality. A covenant is private, and the remedy is an injunction brought by whoever it benefits.

How the exam asks about it

When a covenant and a zoning ordinance both apply, the stricter of the two governs. That is the item, almost every time.

Quick check: Restrictive covenant

One question. Pick an answer to see the explanation.

Which term is being defined: “A private promise limiting how land may be used, recorded against the title”?

Related terms

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