What is a restrictive covenant?

A restrictive covenant is a legally binding agreement that places restrictions on how a piece of property can and cannot be used. In residential real estate law, restrictive covenants are used to dictate what activities a homeowner is allowed to do on their property. Restrictive covenants may limit activities such as the types of structures that can be built, the number of buildings allowed on the property, how the property can be used, and what type of landscaping is allowed. In California, restrictive covenants are typically part of the deed when the property is purchased but they can also be added later on. They are usually established by a homeowners association (HOA) or other property owners in order to ensure that all of the properties in the area remain aesthetically pleasing and uniform. Restrictive covenants are enforced by the courts, meaning that if a homeowner violates the covenant, they could be held legally responsible. Homeowners should make sure to read any restrictive covenants before buying a property and be aware of the restrictions that may be in place.

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What is a restrictive covenant?

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