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6/7-A, A J C Bose Road,
Kolkata 700 017
Tel +91 33 2280 7559/60/61
Fax +91 33 2287 9610
E-mail: kolkata@sjalanco.com
Contact Person:
Mr. Tanmay Jalan / Mr.B. S Purohit

Litigation Office:

10, Old Post Office Street,
Kolkata 700 001
Tel +91-33-2248 3383, 2220 7427
Fax +91-33-2210 4641
E-mail: kolkata@sjalanco.com
Contact Person:
Mr. Tanmay Jalan / Mr.B. S Purohit

New Delhi office:

J-1833, Chittranjan Park,
New Delhi-110019.
Phone:+91-11-26271810, 41039934,
Fax: +91 11-,
E-mail: del@sjalanco.com
Contact Person: Ms Asha Nayar Basu

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NRI Articles- Back

Restrictive Covenants in Title Deeds by Asha Nayar Basu :

As I have mentioned before, DO check your title documents, your deeds, and applicable restrictive covenants in the deed.

Restrictive Covenant is a provision in a deed limiting the use of the property and prohibiting certain uses. A person who purchases a lot in a development with restrictive covenants must honor the limitations. When the purchaser resells the lot to a buyer, the new owner will take the property subject to the restrictive covenants, because the covenants are said to "run with the land." (A promise contained in a deed to land or real estate which is binding upon the current owner and all future owners).

Am often asked on the logic of imposing restrictive clauses, which places limitations on the use of the property, on real estate contracts. Restrictive covenants are commonly created to impose restrictions that are customized to the needs of an area or development and are put in place to maintain a desired look in a neighborhood.

Following are some common topics you'll see in Restrictive Covenants in residential sale agreements-

1.    Not to keep or store any offensive, combustible, obnoxious, hazardous or dangerous articles in the Apartment, the Common Areas or the Parking Apartments as may be injurious or obnoxious to occupiers of the Building.

2.    Not to place or cause to be placed any article or object in the Common Areas.

3.    Rules about pets and other animals (for instance: no breeding for profit, no livestock, and no unchained pets).

4.    Regulations dealing with in-home businesses and home rentals. Clauses restraining running an office or clinic etc. (you have to consider this if you plan to open a office from a residential complex)

5.    Some restrictions limit the paint colors that can be used on a home's exterior.

6.    Fees for maintenance or amenities.