How to Find Covenants on Property: A Deep Dive

Unearthing the hidden truths about a property before you buy, sell, or develop it is paramount. Among the most critical pieces of information to uncover are covenants, legally binding agreements that dictate what you can and cannot do with your land. Knowing how to find these restrictions can save you significant headaches, legal battles, and financial burdens down the road.

The most direct way to find covenants on a property is to search the records at the local county recorder’s office (or equivalent, such as the registry of deeds). These records are typically public and accessible, although access methods may vary. Expect to look through deeds, plats, and other recorded documents associated with the property’s history. In some jurisdictions, covenants may also be readily available online through the county’s official website or a specialized property records search portal.

Deciphering the Deed: Your First Stop

The Significance of the Deed

The deed is the primary document that transfers ownership of a property. It typically contains a legal description of the land and may reference any existing covenants or restrictions. While the full text of the covenant might not be included directly in the deed, it will often cite the specific book and page number where the complete covenant document is recorded. This reference is your key to unlocking the full details.

Reading Between the Lines

Pay close attention to phrases like “subject to covenants, conditions, and restrictions of record.” This indicates that limitations exist, and you’ll need to investigate further. The deed may also mention specific types of covenants, such as easements (rights of way) or setback requirements (distances from property lines where building is prohibited).

Title Search and Title Insurance

Engaging a title company to perform a title search is an excellent way to uncover all recorded covenants affecting a property. Title companies specialize in examining public records to verify ownership and identify any potential issues, including covenants. Furthermore, purchasing title insurance protects you financially if a previously unknown covenant surfaces and negatively impacts your property rights. This is arguably the most reliable method.

Beyond the Deed: Exploring Other Records

Plat Maps and Subdivision Restrictions

Plat maps are detailed drawings that show the boundaries of individual lots within a subdivision. They often include covenants related to building setbacks, landscaping requirements, and permitted uses. Look for a section dedicated to “Notes” or “Restrictions” on the plat map itself. Additionally, subdivisions are often governed by a set of recorded covenants, conditions, and restrictions (CC&Rs) that apply to all properties within the subdivision. These are usually recorded separately from individual deeds.

Homeowners Associations (HOAs)

If the property is located within a community governed by a Homeowners Association (HOA), the HOA will have a set of governing documents that include covenants. These documents typically outline architectural guidelines, maintenance standards, and restrictions on things like exterior paint colors, fences, and landscaping. Contacting the HOA directly is a straightforward way to obtain copies of these documents.

Governmental Regulations and Zoning Ordinances

While not technically covenants, zoning ordinances and other governmental regulations can also restrict how you use your property. These regulations are typically enforced by the local municipality and address issues like building heights, density, and permitted uses. You can obtain information about zoning ordinances from the local planning department. It is crucial to distinguish these from covenants, as covenants are agreements created by private parties, whereas zoning laws are created by the government.

Online Resources and Digital Databases

County Recorder Websites

Many county recorder’s offices now offer online access to property records, including deeds, plats, and other documents containing covenants. These websites may allow you to search by address, parcel number, or owner’s name. While online access can be convenient, keep in mind that the quality and completeness of the records may vary depending on the county.

Third-Party Property Data Providers

Several third-party property data providers offer subscription-based services that compile property information from various sources, including public records. These services can provide a more comprehensive view of a property’s history, including any recorded covenants. However, always verify the accuracy of information obtained from these sources with official records.

Legal Professionals

Consulting with a real estate attorney is always a wise investment when dealing with complex property matters. An attorney can conduct a thorough title search, interpret legal documents, and advise you on the implications of any covenants affecting the property. Their expertise can be invaluable in avoiding costly mistakes.

FAQs: Your Covenant Queries Answered

Here are some frequently asked questions to further clarify the intricacies of finding and understanding property covenants:

1. What is the difference between a covenant and a restriction?

While the terms are often used interchangeably, a covenant is essentially a type of restriction placed on the use of land. A covenant is a formal agreement, while a restriction is the practical effect of that agreement. Covenants impose the restrictions.

2. Are all covenants enforceable?

Not necessarily. Courts may refuse to enforce covenants that are deemed unreasonable, discriminatory, or contrary to public policy. Furthermore, a covenant may become unenforceable due to changes in circumstances or abandonment by the enforcing party.

3. How long do covenants last?

The duration of a covenant can vary. Some covenants are perpetual, meaning they run with the land indefinitely. Others have a specific expiration date or may be subject to renewal. The document creating the covenant should specify its duration.

4. Can I modify or remove a covenant?

Modifying or removing a covenant can be challenging, but it’s sometimes possible. This may require the consent of all parties who benefit from the covenant, or you might need to seek a court order. Proving the covenant is obsolete or unduly burdensome is often key.

5. What happens if I violate a covenant?

Violating a covenant can have serious consequences, including lawsuits, fines, and even court orders requiring you to correct the violation. The enforcing party may also be able to place a lien on your property.

6. How do I know who can enforce a covenant?

The document creating the covenant will typically specify who has the right to enforce it. This may be the original developer, a Homeowners Association (HOA), or neighboring property owners.

7. Are covenants the same as zoning laws?

No. Covenants are private agreements that restrict land use, while zoning laws are government regulations that control land use. Covenants are enforced by private parties, while zoning laws are enforced by the government.

8. Can a covenant override a zoning law?

Generally, the more restrictive regulation prevails. If a covenant is more restrictive than a zoning law, the covenant controls. Conversely, if a zoning law is more restrictive, the zoning law controls.

9. What is a “running with the land” covenant?

A covenant “running with the land” means that the covenant binds not only the original owner but also all subsequent owners of the property. This ensures that the covenant remains in effect even as the property changes hands.

10. Should I always hire an attorney to review covenants?

While not always mandatory, hiring a real estate attorney is highly recommended, especially for complex or ambiguous covenants. An attorney can provide expert advice and protect your interests.

11. Where can I find examples of common covenants?

Common covenants often restrict things like minimum house size, exterior paint colors, landscaping requirements, and the types of businesses that can operate on the property. Examples can be found in HOA documents or recorded CC&Rs.

12. What should I do if I suspect a covenant is discriminatory?

If you believe a covenant is discriminatory based on race, religion, national origin, or other protected characteristics, you should consult with an attorney or a fair housing organization. Such covenants are often illegal and unenforceable.

Understanding covenants is essential for making informed decisions about property ownership. By utilizing the methods described above, and seeking professional help when needed, you can ensure that you are fully aware of the restrictions affecting your property and avoid potential legal or financial pitfalls.