What is a deed of restrictive covenant?

A deed of restrictive covenant is a legal document, filed with the deed of a property, which places certain restrictions and limits on the use of a property. It is a voluntary agreement between the owner of a property and nearby landowners. In North Carolina, restrictive covenants usually run with the land, meaning that even if the deed is transferred to a new owner, the covenants will still be in place unless otherwise specified. Common restrictions included in a deed of restrictive covenant include limiting the size of a structure, prohibiting certain buildings such as a factory or commercial center, and specifying the type of landscaping that can be used. Restrictive covenants can also contain language that limits the use of a property or requires the owner to use the property for a specific purpose. For example, an owner may agree to limit the hours of operation or require the owner to provide access to a public area. Deeds of restrictive covenant can be challenged in court, but usually only if the restriction limits the owner’s use of the property and is not included in the deed of the property. In order for a court to take action, the court must find that the covenant is not reasonable or does not serve the public good. In North Carolina, deeds of restrictive covenant are enforceable and binding on the owner of the property, unless a court decides otherwise. This means the owner must abide by the terms of the covenant, and failure to comply could result in legal action.

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What is a deed of restrictive covenant?

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