What is a restrictive covenant?

A restrictive covenant is a legal agreement that is added to a deed of a property, making certain restrictions that all future owners of the property must abide by. These restrictions can take many forms, such as restrictions on the property’s use, on what improvements can be made to the property, or even on who can live in the property. In New Hampshire, restrictive covenants are commonly used to regulate residential real estate development and to protect property owners from certain uses of nearby properties that may be undesirable. For example, a restrictive covenant may prohibit the use of a neighboring property for commercial activities, or to prevent the construction of a structure that would block a view or create excessive noise. Restrictive covenants can also be used to establish rules regarding the upkeep of the property, such as requiring the homeowner to maintain the property in a certain condition or preventing the owner from removing trees or other landscaping. All restrictive covenants in New Hampshire must be in writing and must be acknowledged by the parties involved before being recorded with the county. They must also meet certain requirements, such as being reasonable, not too broad or vague, and not lasting longer than ten years.

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What is a restrictive covenant?

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