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.

Related FAQs

What is the doctrine of fixtures?
What is the Uniform Fraudulent Transfer Act?
What is an encroachments clause?
What is the difference between a leasehold and a freehold estate?
What is an option to purchase?
What is an agreement to sell?
What is an estoppel?
What is an escheat?
What is the difference between a real right and a personal right?
What is a pre-existing non-conforming use?

Related Blog Posts

What You Need to Know About Property Law - July 31, 2023
Property Law: What to Look Out For When Purchasing Real Estate - August 7, 2023
Understanding the Basics: A Guide to Property Law - August 14, 2023
Common Types of Property Law Cases - August 21, 2023
The Impact of Property Law on Real Estate Transactions - August 28, 2023