property

restrictive covenant

A restrictive covenant is a private limitation on how land may be used, typically found in a deed or in a subdivision's recorded covenants, conditions, and restrictions. Examples include minimum house sizes, architectural rules, or bans on commercial use. Covenants usually run with the land and are enforced by other owners or an association through a court injunction. Covenants that discriminate against protected classes are illegal and unenforceable.

Exam tip: Private restrictions are enforced by injunction, not by the government. When a covenant and zoning conflict, the more restrictive rule generally controls.
Example: A subdivision's recorded restrictions prohibit fences taller than four feet, so neighbors can sue to stop an owner from building a six-foot fence.

1. Zoning allows commercial vehicles to be parked in driveways, but the subdivision's restrictive covenants prohibit it. Which rule applies?

Answer & explanation

Answer: D. When public and private restrictions overlap, the more restrictive one must be followed.

Related terms & state variants

CC&Rs deed restriction encumbrance zoning

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23