ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Your Property Rights

How do covenants affect my property rights?

Covenants generally run with the land, which means that they bind all future owners of the property unless all property owners in the affected subdivision join in releasing them or they expire after a certain term. Covenants may restrict your use of your land even if municipal zoning laws permit the proposed use. You should receive a copy of the covenants from your real estate agent or lawyer before you buy your home. Read them carefully before closing to avoid surprises.

If you don't get a copy of the the covenants from your agent or your lawyer, a copy should be available from any existing homeowner association, or they might be recorded in the public records. As with zoning codes, you may be able to negotiate a minor variance, such as building an addition slightly higher than the covenant's limit.

Note that covenants must comply with state and federal laws. Old covenants that prohibit homeowners from selling their homes to people of certain races and religions are not enforceable.