You’re probably asking yourself why you would even want to buy property that restricts how you can
use your own property. Restrictions give a development a more uniform or complimentary appearance,
and control some of the activities that take place in the defined area. Covenants benefit the homeowner
by protecting values. When enforced, they usually regulate lot size, minimum size of structure,
setbacks, placement of buildings on the lot, placement of trees, easements, fees for maintenance or
amenities, structure and style of outbuildings, fences or other additional improvements OR the
prohibition of these things as well as pets and certain vehicles. The list can be endless and if the
restrictions were in place and recorded before the property is purchased, they are enforceable regardless of whether they seem reasonable or not.
Remember that if you are buying a home or lot in a subdivision or recently developed area, you most
likely will have deed restrictions. Always ask your REALTOR® to show you these documents before you
sign a contract to buy. (If no one has these available, go to the county clerk’s office – to the deed room
and ask the staff to help you find them. If you have the deed, take it with you.) Once you have closed
on your property, it is too late to decide that you don’t like the rules set forth in the deed restrictions.
Not only do you need to be aware of rules, but there might also be fees that are assessed to every
property owner for amenities or maintenance. Make sure that you are informed about 1) fees,
2)governing body, 3)penalties, 4) YOUR rights as stated in the covenants. If you ever have any doubt or
question about any part of the restrictive covenants- seek the advice of an attorney.
Not all restrictions involve subdivisions or developments. Sometimes you’ll see restrictions on individual
parcels of land or property that may include things like “no mobile homes” or “no commercial business”,
“no farm animals”, etc. Many times these are to protect the seller from competition, or neighboring
properties trying to maintain the nature of the area. Also look for things like private road agreements
and easements that exist on the property.
Enforcing deed restrictions can be as simple as contacting the property owner, referencing the violation
and asking that they make the change to be in good standing with the neighborhood. Of course, if that
doesn’t work, your next step might be to contact the developer or leader of the homeowners
association to contact the property owner by mail (registered mail) requesting compliance. If this effort
fails- either the developer (if he/she still has control set forth in the restrictions), the homeowners
association, or you, the property owner in the development may pursue legal action against the noncompliant homeowner.
You’re probably asking yourself why you would even want to buy property that restricts how you can
use your own property. Restrictions give a development a more uniform or complimentary appearance,
and control some of the activities that take place in the defined area. Covenants benefit the homeowner
by protecting values. When enforced, they usually regulate lot size, minimum size of structure,
setbacks, placement of buildings on the lot, placement of trees, easements, fees for maintenance or
amenities, structure and style of outbuildings, fences or other additional improvements OR the
prohibition of these things as well as pets and certain vehicles. The list can be endless and if the
restrictions were in place and recorded before the property is purchased, they are enforceable regardless of whether they seem reasonable or not.
Remember that if you are buying a home or lot in a subdivision or recently developed area, you most
likely will have deed restrictions. Always ask your REALTOR® to show you these documents before you
sign a contract to buy. (If no one has these available, go to the county clerk’s office – to the deed room
and ask the staff to help you find them. If you have the deed, take it with you.) Once you have closed
on your property, it is too late to decide that you don’t like the rules set forth in the deed restrictions.
Not only do you need to be aware of rules, but there might also be fees that are assessed to every
property owner for amenities or maintenance. Make sure that you are informed about 1) fees,
2)governing body, 3)penalties, 4) YOUR rights as stated in the covenants. If you ever have any doubt or
question about any part of the restrictive covenants- seek the advice of an attorney.
Not all restrictions involve subdivisions or developments. Sometimes you’ll see restrictions on individual
parcels of land or property that may include things like “no mobile homes” or “no commercial business”,
“no farm animals”, etc. Many times these are to protect the seller from competition, or neighboring
properties trying to maintain the nature of the area. Also look for things like private road agreements
and easements that exist on the property.
Enforcing deed restrictions can be as simple as contacting the property owner, referencing the violation
and asking that they make the change to be in good standing with the neighborhood. Of course, if that
doesn’t work, your next step might be to contact the developer or leader of the homeowners
association to contact the property owner by mail (registered mail) requesting compliance. If this effort
fails- either the developer (if he/she still has control set forth in the restrictions), the homeowners
association, or you, the property owner in the development may pursue legal action against the noncompliant homeowner.
Ultimately, my message is this know the rules that come with the land- BEFORE you buy it! If you don’t
like to rules, find a different area to buy because, chances are you won’t like it any better after you buy.
Remember that restrictions are there to protect all of the property owners within the restricted area.
And, maybe most importantly- try to keep a harmonious relationship with neighbors by reaching out as
a neighbor first to correct offenses and turn to the court as a last resort!
~~~~~ All About Real Estate, Kentucky Style ~~~~~~ by Peggy Smith 