Deed Restriction | Practical Law

Deed Restriction | Practical Law

Deed Restriction

Deed Restriction

Practical Law Glossary Item 0-543-3965 (Approx. 3 pages)

Glossary

Deed Restriction

A limitation placed on the use of property that is contained in a deed in the chain of title. The restriction passes with a transfer of the property (runs with the land) and usually cannot be removed by later owners.
A restrictive covenant is a type of deed restriction. Examples of restrictions include limitations on:
  • The use of the property.
  • The size of the lot.
  • The height of the building.
  • The materials or style a building that may or may not be constructed on the property.
Certain deed restrictions, such as those prohibiting the sale of property to certain racial or ethnic groups, have been ruled unenforceable by the US Supreme Court (Shelley v. Kraemer, 334 U.S. 1 (1948)).