History & SocietyScience & TechBiographiesAnimals & NatureGeography & TravelArts & CultureGames & QuizzesVideosOn This DayOne Good FactDictionaryCompanionsDemystifiedImage GalleriesInfographicsListsPodcastsSpotlightSummariesThe ForumTop Questions#WTFact100 WomenBritannica KidsSaving EarthSpace Next 50Student Center
Britannica Money
Subscribe Now
Table of Contents

restrictive covenant

law
Also known as: protective covenant, real covenant
Written bySusan French
Susan French
Professor of Law, University of California, Los Angeles. Coauthor of Community Association Law: Cases and Materials on Common Interest Communities.
Fact-checked byThe Editors of Encyclopaedia Britannica
The Editors of Encyclopaedia Britannica
Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. They write new content and verify and edit content received from contributors.
Table of Contents

restrictive covenant, in Anglo-American property law, an agreement limiting the use of property. Known to Roman law but little used in England or the United States until the 19th century, restrictive covenants are now widely used. To protect property values and provide neighbourhood stability, residential developments commonly include covenants prohibiting nonresidential uses of the properties and specifying the types of dwellings and uses permitted, such as detached houses for single-family use. Commercial developments often restrict the types of permissible businesses. Government agencies and nonprofit organizations use restrictive covenants to preserve open space, farmland, historic structures, and wildlife habitats and to limit uses of land that contains hazardous materials. Restrictive covenants on property can be enforced in court by owners of other properties in the same real estate development and are often enforceable by homeowner or property-owner associations.

Covenants can be used for any purpose that is not illegal, unconstitutional, or against public policy. Racially exclusive restrictive covenants, which were widely used in the United States during the first half of the 20th century, were declared unenforceable in 1948 by the Supreme Court under the equal protection clause of the Constitution’s 14th Amendment. U.S. federal law now prohibits discrimination in housing based on race, colour, religion, sex, national origin, or handicap and allows discrimination against children only in qualifying senior-citizen communities. State and local laws also prohibit a variety of restrictive covenants. See also servitude.

Susan French