property

deed restriction

A deed restriction is a private limitation written into a deed that controls how the property may be used, such as banning commercial activity, limiting building height, or requiring minimum home sizes. Restrictions often run with the land and bind future owners. They are enforced by private parties, such as neighbors or an association, through court action. Discriminatory restrictions are illegal and unenforceable.

Exam tip
Deed restrictions are private controls, unlike zoning, which is public. When a deed restriction and zoning conflict, the more restrictive rule generally applies.
Example
A subdivision's deeds prohibit fences taller than four feet; a new owner who builds a six-foot fence can be sued by neighbors to remove it.

Related terms & state variants

Sources

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Last verified: 2026-10-23