What is a restrictive covenant?

A restrictive covenant is a legal agreement between two parties—most commonly a buyer and a seller of a residential property—that establishes certain restrictions on the property. A restrictive covenant can be used to limit what a homeowner can do with their property or to guarantee the rights of a neighboring property. In South Carolina, these covenant agreements are enforceable and can be enforced through a court order. Restrictive covenants typically involve rules and regulations that influence the design, upkeep, and use of the property. These may include rules regarding the contractual agreement between the two parties, building materials, size and height of buildings, landscaping, and noise levels—all designed to ensure that the neighborhood remains a pleasant environment for all. The buyer of the property is responsible for understanding and abiding by the restrictions of the covenant agreement. In South Carolina, a court will usually enforce any covenant if the restrictions are reasonable, non-discriminatory, and stated in the contract. It is important to note that restrictive covenants, while legally binding, have limited jurisdiction and cannot be enforced against other parties. This means that the agreement does not extend beyond the property line or have authority over another property.

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What is a restrictive covenant?

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