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Restrictive covenant
From Wikpedia, the free encyclopedia

A real covenant is a legal obligation imposed in a deed by the seller upon the buyer of real
estate to do or not to do somethng. Such restrictions frequently "ru with the land" and are
enforceable on subsequent buyers of the propert. In jursdictions that use the Torrens system of
land registration, restrictive covenants are generally registered against title.

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I Contents i
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. 1 Scope of covenants I
. 2 Commercial covenants I
. 3 Residential covenants I
. 3.1 Controversy I
. 3.2 Housing segregation!
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. 4 See also I
. 5 References
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Scope of covenants
Restrctive covenants may arse from many sources, and may be registered against titles or
included in leases. Some covenants exist for safety puroses, such as a covenant forbidding the
constrction of tall buildings in the vicinity of an airport or one restrcting the height of fences
on comer lots (so as not to interfere with drvers' sight lines). Covenants may restrct everyg
from the height and size of buildings to the materials used in constrction to superficial matters
such as paint colour and holiday decorations.

Commercial covenants
Restrctive covenants ar commonly registered against commercial properties. Genera
covenants such as those restrcting the heights of structures or forbidding certain "dirt"
businesses (such as feedlots or chemical production facilities) are common in industral areas
located near residential communties. Developers may seek to restrct the tye of business
allowed to operate in a cert area so that a purchaser of land in a research park, for example,
could not tu the building into a bingo parlour or a tool and die factory. A commercial lease
may include a restrctive covenant forbidding the sale of certain items, such as pornography or
liquor. A powerfl mall tenant (such as a major supermarket chain or other Anchor store) may
require its landlord to include in its leases to other tenants a restrctive covenant forbidding the
sale of certain items (such as fresh meat and produce). The latter situation is more common
outside the United States, and is especially seen in Canada.

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Residential covenants
Residential covenants are relatively common in the United States. Some residential covenants
may be considered generally benign, such as those preventing owners or tenants from removing
healthy trees, fudamentally alterig historically importt strctues, or directly haring
propert values. Others, however, are more detailed. Some restrctive covenants may govern
what colour a home's exterior is painted, what and how many exterior decorations are allowed,
where cars are allowed to be parked, or even who lives in the house (outside of the owner's
nuclear family).

Many communities also attempt to forbid amateur radio or outdoor television antennas. Various
states in the United States have enacted or are enacting laws forbidding such restrctive
covenants and rendering void existing covenants, as amateur radio operators are often seen as
essential emergency services. (1)

Controversy
Some have accused homeowners associations of selective enforcement of these rules, makg a
case only when it is somethig (or someone) another person dislikes. Breaking a rule, even
untentionally, can brig fines or even a lien on the home. In exteme cases, homeowners'
associations may file a lawsuit against a resident who violates the association bylaws or even
foreclose their propert.

Attempts have been made to have federal agencies preempt certain restrctive covenants. For
example, the American Radio Relay League attempted unsuccessfully to have the FCC pre-
empt restrictive covenants related to amateur radio towers. The FCC found that restrctive
covenants are private contractual agreements, not state or local regulation, and not subject to the
FCC pre-emption policy. (2)

A restrctive covenant differs in the United States from a zonig regulation in that its creation
and enforcement is a matter of contract between the landowners whose properties are affected
by it, rather than an exercise of the governental police power. In Canada, governental
authorities may apply both restrictive covenants and zoning regulations to properties. For
instace, the city of Calgar's requirement that buildings in the genera vicinty of Calgar
International Airort be under a certin height is registered against virally every title in the
norteast quadrant of the city as a restrctive covenant, not as a zonig by-law.

Housing segregation

In many cases before the 1960s, these covenants were used for segregationist puroses. (3) In the
case of Shelley v. Kraemer, the United States Supreme Cour ruled that it would be
unconstitutional for the cours to enforce racially restrctive covenants, and such covenants no

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longer have any force.

See also
. Timeline of Racial Tension in Omaha, Nebraska
. Covenant

References
1. A State Statutes Incorporating 'PRB-1 like' Legislation, American Radio Relay League (Accessed 9
Januar 2008)
2. A Modification and Clarfication of Policies and Procedures Governing Siting and Maitenance of
Amateur Radio Antennas and Support Strctues, and Amendment of the
Section 97.15 of

Commission's Rules Govering the Amateur Radio Service, Memorandum Opinion and Order, 17
FCC Rcd 333 (2001), aflg Order on Reconsideration, 15 FCC Rcd 22151 (WTB 2000), aflg Order,
14 FCC Rcd 19413 (WTB 1999), recon. dismissed, 17 FCC Rcd 19408 (WlB PSPWD 2002)
("PRB-1 200 I ")
3. A The Origins and Difusion of Racial Restrictive Covenants Michael Jones-Correa Political Science
Quarerly, VoL. 115, No.4 (Winter, 2000-2001), pp. 541-568
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