What is a provision in a deed that limits the use of property?

A restrictive covenant is a provision in a deed designed to limit the use of property in some manner. It is a legal obligation written into the deed that restricts the property owner from engaging in certain activities or uses, ensuring that the property's value and character are maintained in accordance with the developer's or community's standards. For instance, a restrictive covenant could prohibit homeowners from building fences over a certain height or from operating a business out of their home.

This provision serves to protect the interests of other property owners in the vicinity by maintaining a uniform standard or aesthetic in the neighborhood. As such, while property owners still have the right to their property, those rights are subject to specific limitations as outlined in the covenant. This is distinct from an affidavit, which is a written statement confirmed by oath, or an easement, which grants someone else the right to use a portion of the property for a specific purpose, like accessing utilities. An encumbrance refers to any claim against a property that can affect its transferability, which doesn't necessarily limit its use in the way a restrictive covenant does.