A covenant in real estate is a promise or agreement between two or more parties that restricts or obligates the use of a piece of property. Covenants can be created between the buyer and seller of a property, between a developer and a homeowner, or between a homeowners association (HOA) and its members.
How do covenants work?
Covenants work by creating legally binding obligations on property owners. These obligations can be positive (requiring the property owner to take certain actions) or negative (prohibiting the property owner from taking certain actions).
Covenants are typically created when a property is first developed. The developer may create a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) that sets forth the covenants that will apply to all of the properties in the development. The CC&Rs are then recorded in the public records, so that all future owners of the properties will be bound by the covenants.
Covenants can also be created between individual property owners. For example, two neighbors might agree to a covenant that prohibits them from building fences that are taller than a certain height. This type of covenant is typically recorded in the deeds of the two properties involved.
Once a covenant is created, it is enforceable by any party who has an interest in the property. This means that if a property owner violates a covenant, the other property owners in the community can take legal action to enforce the covenant.
Types of Covenants
There are two main types of covenants in real estate: restrictive covenants and affirmative covenants. Restrictive covenants prohibit certain uses of the property, such as commercial activity, raising livestock, or keeping certain types of pets. Affirmative covenants require the property owner to take certain actions, such as maintaining the property in a certain condition or paying dues to an HOA.
Common Examples of Restrictive Covenants
- Minimum setback lines: These covenants establish the minimum distance that a building must be set back from the property line.
- Maximum building height: These covenants limit the height of buildings on the property.
- Minimum square footage: These covenants require that all homes on the property meet a certain minimum square footage.
- Permitted uses: These covenants restrict the types of activities that are allowed on the property. For example, a covenant might prohibit commercial activity, short-term rentals, or home businesses.
- Architectural restrictions: These covenants limit the types of architectural features that are allowed on the property. For example, a covenant might prohibit certain types of roofing materials or exterior finishes.
Common Examples of Affirmative Covenants
- Maintenance requirements: These covenants require the property owner to maintain the property in a certain condition. For example, a covenant might require the homeowner to mow the lawn regularly and remove any weeds or debris from the property.
- HOA dues: These covenants require the property owner to pay dues to a homeowners association. HOAs typically use these dues to maintain common areas in the subdivision, such as parks, playgrounds, and swimming pools.
Why are covenants used in real estate?
Covenants are used in real estate to protect the value and enjoyment of property for all owners. For example, restrictive covenants can prevent one homeowner from making changes to their property that would make it less desirable to other homeowners in the neighborhood. Affirmative covenants can ensure that all homeowners maintain their properties to a certain standard, which can help to keep property values high.
How to Find Out if Your Property Has Covenants
There are a few ways to find out if your property has covenants:
- Review your property deed. The deed is the legal document that transfers ownership of a property from one person to another. It will typically list any covenants that apply to the property.
- Contact your county clerk’s office. The county clerk’s office keeps records of all real estate transactions in the county. You can search for covenants on your property by providing the property address or legal description.
- Contact your homeowners association (HOA). If you live in a planned community, your property is likely subject to HOA covenants. You can contact your HOA to obtain a copy of the CC&Rs, which will outline all of the rules and regulations that you are required to follow as a homeowner.
Here are some additional tips for finding out if your property has covenants:
- Ask your real estate agent. If you are buying or selling a home, your real estate agent should be able to tell you if there are any covenants that apply to the property.
- Search online. There are a number of websites that allow you to search for covenants on specific properties.
- Talk to your neighbors. Your neighbors may be aware of any covenants that apply to your property.
How Covenants Affect Property Owners
Covenants can have a significant impact on property owners. Restrictive covenants can limit the ways in which a property can be used, which can make it more difficult to sell or rent the property. Affirmative covenants can impose additional costs and obligations on property owners.
Importance of Covenants
Covenants can play an important role in maintaining the value and quality of life in a community. By restricting certain uses of land, covenants can help to protect homeowners from undesirable development and activities. Covenants can also promote a sense of uniformity and order in a community.
Benefits of Covenants
Covenants in real estate can provide a number of benefits to property owners and communities alike.
Benefits for property owners:
- Protect property values: Covenants can help to protect property values by restricting certain uses of land and promoting a sense of uniformity and order in a community.
- Maintain the quality of life: Covenants can help to maintain the quality of life in a community by restricting activities that could be disruptive or nuisance to neighbors.
- Increase the marketability of a property: Properties that are subject to covenants may be more marketable to potential buyers, as buyers may be more interested in living in a community with well-maintained properties and a sense of community.
Benefits for communities:
- Promote a sense of community: Covenants can help to promote a sense of community by creating a shared set of standards and expectations for all property owners.
- Protect the environment: Covenants can be used to protect the environment by restricting certain uses of land and requiring property owners to maintain their properties in a certain condition.
- Prevent incompatible development: Covenants can be used to prevent incompatible development in a community. For example, a covenant might prohibit the construction of commercial buildings in a residential neighborhood.
How to Change or Remove a Covenant
In some cases, it may be possible to change or remove a covenant. This typically requires the consent of all property owners who are affected by the covenant. If you are interested in changing or removing a covenant, you should consult with an attorney to discuss your options.
Conclusion
Covenants are an important part of real estate law. When buying or selling a property, it is important to be aware of any covenants that may apply to the property. If you have any questions about covenants, you should consult with an experienced real estate attorney.
Frequently Asked Questions (FAQ)
What is estate covenant?
An estate covenant is a covenant that runs with the land, meaning that it binds all subsequent owners of the property. Estate covenants are common in planned communities and are used to maintain the value and uniformity of the development.
What is an example of a real covenant?
An example of a real covenant is a restrictive covenant in a deed that prohibits the owner from building a commercial structure on the property. This covenant would run with the land, meaning that future owners of the property would also be bound by it.
What is a covenant in an agreement?
A covenant in an agreement is a promise made by one party to another party. Covenants can be found in a variety of agreements, including real estate contracts, employment contracts, and business contracts.
What is the purpose of a covenant?
The purpose of a covenant is to protect the interests of the parties to an agreement or to maintain the value and uniformity of a piece of property.
What is a covenant vs contract in real estate?
A covenant is a promise made in a real estate contract, but it is not the same as the contract itself. A contract is a legally binding agreement between two or more parties, while a covenant is a specific promise that is part of the contract.
What is another word for covenant in real estate?
Another word for covenant in real estate is restriction.
Is a covenant a legal agreement?
Yes, a covenant is a legal agreement. It is a promise made by one party to another party, and it is enforceable in court.
Is a covenant a property interest?
Yes, a covenant can be a property interest. For example, an easement is a property interest that gives the holder of the easement the right to use another person’s property for a specific purpose.
What is the difference between a deed and a covenant?
A deed is a legal document that transfers ownership of real property from one person to another. A covenant is a promise made in a deed or other real estate contract.
What are the elements of a covenant property?
The elements of a covenant property are:
- Intent to create a covenant: The parties to the agreement must have intended to create a covenant.
- Privity of estate: There must be a privity of estate between the parties to the covenant. This means that the parties must have an interest in the same property.
- Notice: The subsequent owner of the property must have notice of the covenant.
What are the three elements of a covenant?
The three elements of a covenant are:
- Agreement: There must be an agreement between the parties to the covenant.
- Consideration: The parties must exchange something of value in order to create the covenant.
- Performance: The parties must perform their promises under the covenant.
