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Disclosure of Restrictive Covenants by Asha Nayar Basu

Real estate deed restrictions are restrictions on the deed that place limitations on the use of the property. Deed restrictions are usually initiated by the developers - those who determined what the land would be used for, divided the land into plots, and built homes, office buildings, or retail buildings on it. Deed restrictions come with the property and usually can’t be changed or removed by subsequent owners. Deed restrictions such as restrictive covenants are often put in place to maintain a desired look in a neighborhood.
Please remember your real estate agent or the owner /seller is obliged to give you a copy of a development's restrictive covenants before you make an offer on the property.
If restrictions are not offered, do ask for them. If no one has a copy, go to the Association of Home Owners of the complex and chat with them. Deed restrictions govern more than just the construction of buildings on a property. Don't be surprised after the sale; get the facts about a property early on so that you can eliminate it from your possible choices if the covenants include more restrictions than you can live with.

Finally:

•    Watch for wording that limits property use, such as "no commercial use."
•    Clauses restraining running an office or clinic etc.
•    Look for any statements that give others the right to use the property.
•    One major developer client once asked me to insert a clause preventing buyers from drying clothes upon the windows, balconies which is visible from the outside or to outsiders.

•    If statements reference a prior deed, look it up and read it. A real estate lawyer can answer any questions you might have about confusing clauses in deeds and restrictive covenants.