What Is a Covenant?
In standard contract law, parties make "promises." In real estate and property law, formal promises embedded into a deed or a lease are called covenants.
A covenant is not just a casual agreement; it is a legally enforceable obligation that attaches to the property. If a party violates a covenant, the other party can sue them for breach of contract or seek a court injunction to force compliance.
Restrictive vs. Affirmative Covenants
Covenants generally fall into two broad categories regarding property use:
- Restrictive Covenants — These dictate what an owner cannot do. They are heavily used by Homeowners' Associations (HOAs). A restrictive covenant might state that no homeowner can paint their house neon green, park an RV in the driveway, or run a commercial business out of their garage.
- Affirmative Covenants — These dictate what an owner must do. An affirmative covenant might require a homeowner to pay annual HOA dues, maintain a specific type of landscaping, or rebuild a shared boundary wall if it collapses.
Covenants That "Run With the Land"
The most powerful feature of real estate covenants is that they can run with the land. If a covenant runs with the land, it is permanently attached to the physical dirt, not just the person who signed the original document.
For example, if a developer places a restrictive covenant on a neighborhood stating "no houses shall be taller than two stories," that rule runs with the land. If the original buyer sells the house fifty years later, the new buyer is still strictly bound by that 50-year-old covenant, even though they never met the original developer.
Related Terms
- Homeowners' Association (HOA) — The entity that typically enforces neighborhood restrictive covenants
- Easement — A property right often granted alongside a covenant
- Deed — The document where covenants of title and use are permanently recorded
Barnes Walker Association Law
Barnes Walker's association attorneys assist Florida HOAs and condo boards in drafting, amending, and aggressively enforcing restrictive covenants, ensuring community standards are maintained and property values are protected from non-compliant homeowners. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 720
The Florida Homeowners' Association Act governs HOA powers, member rights, assessment collection, and enforcement of deed restrictions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC