Understanding the Difference Between a Deed Restriction and Covenants

16 October 2025

If you've ever read the fine print on a property purchase, you've probably encountered terms like "deed restriction" and "covenants" used almost interchangeably. On this week's episode of The Housing Hour, we break down what these terms actually mean, how they differ, and why understanding them can save you from costly surprises down the road. Here's a practical guide to help you navigate the language of property restrictions.

What Is a Deed Restriction?

A deed restriction is a limitation written directly into the deed of a property that dictates how the land or structures can be used. It "runs with the land," meaning it binds not just the current owner but every future owner as well. Common examples include prohibitions on building above a certain height, restrictions on operating a business from the property, or limits on subdividing the lot.

Deed restrictions are typically created by a developer or a previous owner and are recorded with the county or local land records office. Because they're part of the public record, they're discoverable during a title search—which is one more reason a thorough title review before closing is so important.

What Are Covenants?

Covenants, on the other hand, are promises or agreements related to the use of property. They're most often found in a set of Covenants, Conditions, and Restrictions—commonly called CC&Rs—associated with planned communities, condominiums, and homeowners associations (HOAs). Covenants can be either "positive" (requiring you to do something, like maintain your lawn or pay dues) or "restrictive" (prohibiting certain activities, like parking an RV in the driveway).

While a covenant can appear in a deed, the term usually refers to a broader governing document that applies to an entire community rather than a single parcel.

The Key Differences

So how do you keep these two concepts straight? In practice, the distinction comes down to scope and origin:

A deed restriction is attached to one property's deed and follows that specific parcel through every sale.
Covenants usually govern an entire development or community and are enforced collectively, often through an HOA.
Deed restrictions can be created by any property owner; covenants are typically drafted by developers as part of a community's founding documents.
Enforcement differs too: an HOA or neighbors generally enforce covenants, while a deed restriction may be enforced by whoever holds the benefit of it, including adjacent landowners.
Removal processes vary. Changing a covenant often requires a vote of the association, while removing a deed restriction may require a legal agreement among the parties who benefit from it—or, in some cases, a court action.

A Note on Enforcement and Longevity

Both deed restrictions and covenants can endure for decades, but neither is necessarily forever. Some expire automatically after a set period, others lapse when neighborhood conditions change so dramatically that a court finds them unenforceable, and some can be waived if violations go unchallenged for long enough. That said, never assume a restriction has died quietly—verify its status before you act on it.

Why This Matters Before You Buy

Buying a home is emotional, but restrictions are legal reality. Before you sign anything:

Request and read the full deed and any CC&Rs—not just a summary.
Ask your title company or attorney to flag restrictions that could affect your plans, whether that's a fence, a home business, or a rental.
Talk to neighbors or the HOA about how rules are actually enforced in practice.
Factor restrictions into your resale thinking: what limits you may also limit future buyers.

The Bottom Line

Deed restrictions and covenants both shape what you can and cannot do with your property, but they differ in scope, origin, and enforcement. Treat them as part of your due diligence, not an afterthought. A one-hour document review today can prevent years of disputes tomorrow—and that's advice worth taking to heart, whether you're a first-time buyer or a seasoned investor.