What is the difference between a restrictive covenant and a zoning ordinance?
Restrictive covenants and zoning ordinances are two terms often seen in property law, albeit with very different applications. A restrictive covenant is a type of agreement that limits or restricts what an owner of a particular parcel of land may do with it. Restrictive covenants can be between an owner and a neighbor, or between an owner and the local government. Typically, this type of agreement serves to limit the landowner’s use of the property in some way, such as prohibiting certain types of activities or development on the land. On the other hand, a zoning ordinance is a regulation implemented by a local government to control the use and development of land in a particular area. These regulations are generally created to advance a particular public interest, such as protecting public health and safety, or helping promote economic development. Zoning ordinances generally divide a particular area into different zones and assign each property in that area to one of those zones. Each zone may have its own set of regulations associated with it, setting limits on the types of buildings, land use, and activities that may be allowed in that zone. To summarize, the main difference between a restrictive covenant and a zoning ordinance is that restrictive covenants are agreements between two parties, while zoning ordinances are regulations set by a local government. Both are intended to shape how land is used and developed, but only a zoning ordinance has the force of law to ensure that the regulations are followed.
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