Real Property
A private limitation written into a deed that controls how the property may be used by future owners.
Deed restrictions (also called restrictive covenants or CC&Rs: covenants, conditions, and restrictions) are privately imposed limitations on property use that run with the land and bind future owners. Common examples include restrictions on building height, architectural style, use of the property (e.g., residential only), or prohibition of certain activities. They differ from zoning in that they are private agreements, not government regulations. A deed restriction that violates public policy or fair housing law is unenforceable.
Exam Tip
Deed restrictions are private; zoning is public. When both apply, the more restrictive rule prevails.
Study Guide
Real Property
Key concepts and exam tips →
Practice
NY Real Estate Real Property
Free sample questions →
Preparing for the NY Real Estate Exam?
Unlocked covers Deed Restriction (Restrictive Covenant) and every other concept on the NY Real Estate Salesperson Exam — with study modules, practice questions, spaced-repetition flashcards, and Carl, your AI study buddy.
click for a haiku!