What is the difference between a restrictive covenant and a zoning ordinance?

A restrictive covenant is a legally binding agreement in which one party agrees to certain restrictions on how they can use their property. Generally, these covenants are used to protect the rights of surrounding property owners. For example, a property owner may agree to not use the land for commercial purposes or build anything taller than a certain height. Restrictive covenants are often enforceable between the two original parties, and may exist even if they are not recorded in a public registry. In Massachusetts, local governments have the power to regulate land use through zoning ordinances. Zoning ordinances control how people can use their property through regulations on issues such as construction, lot sizes, building heights, and lot setbacks. These ordinances are recorded in public registries, and are usually enforceable among all property owners in the jurisdiction. Unlike restrictive covenants, zoning ordinances apply to all property owners in the jurisdiction, not just the two original parties. In summary, the main difference between a restrictive covenant and a zoning ordinance is that zoning ordinances are legally binding regulations set by the local government, while restrictive covenants are agreements between two parties that may or may not be recorded in the public registry.

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