Restrictive Covenants

Restrictive covenants are provisions that restrict the use of the property permanently or for a specified term.  Restrictive covenants are sometimes created within a deed and sometimes in another instrument or instruments.  Restrictive covenants affect subsequent owners’ use of the property. 

To create a restrictive covenant, owners specifically identify the property and describe the restriction in writing with the intent that the restriction run with the land, and they record the restrictive covenant so that others can know of its existence.

Whether you are seeking to enhance the future development and commercial value of your property by limiting its use only to desirable activities, seeking to prevent future owners from doing something harmful or undesirable, or seeking to circumvent a restrictive covenant, our attorneys are experienced and eager to help. 

They can draft restrictive covenants or evaluate and litigate your claims if a restrictive covenant unlawfully prevents you from enjoying your land for your intended use.