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Author: John H
Restrictive covenants (also called deed covenants) have been affecting buyers of real estate for as long as property has been transferring ownership. Such covenants are a condition of sale for real property, placed on the buyer by the seller or passed on from previous owners. By purchasing the property,
Restrictive covenants are especially important to buyers of homes for sale; since they, like zoning laws, restrict how you may use your own property. Where city officials enforce public zoning laws, private parties enforce restrictive covenants — generally a homeowners association or individuals who are affected by violations.
Restrictive homes for sale covenants protect the value of the home, itself, as well as the properties surrounding it. Some homes for sale covenants protect the people who live in close proximity to the property, such as other condominium or townhouse owners.
In earlier and not so charitable times, such covenants restricted to whom you could sell your home. Upscale areas of a city wanted to keep their neighborhoods free of particular races or ethnic groups. In the '50s and '60s, such covenants were deemed unconstitutional by the 5th and 14th Amendments to the U.S. Constitution, as well as unlawful by federal and state statutes.
Now, such homes for sale covenants are imposed to maintain a certain character and appearance of the neighborhood. Some examples are not being able to erect a chain link fence around your home, satellite dishes must be out-of-sight (a hard thing to do, if they are to function properly), you cannot park recreational vehicles at your home, or you cannot pitch a tent in your backyard
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