Before zoning laws became common, restrictive covenants were used to prevent livestock or machinery from encroaching on residential areas. In the United States, deed restrictions initially served a purpose similar to those made in England. A particular property's deed might contain a covenant preventing a factory from operating, for example, to protect surrounding farmers.

During the Industrial Revolution, private landowners used covenants to come to agreements about the use of land.

Restrictive covenants date back to 18th- and 19th-century England. So, their limitations are legally binding for anybody who subsequently buys the property. In legal terms, restrictive covenants ' run with the land.' In other words, they apply to the property itself, and not the specific owner who makes the agreement. The covenant is typically written into the deed, or referenced in the deed and kept on file with a county or municipal government, or with a private entity like a homeowner's association. In the simplest terms, a restrictive covenant is an agreement between a property owner and other parties that limits the use of a property. How can this be? You don't remember signing any covenant. It turns out your property is subject to a restrictive covenant banning any pools on the premises.

Then, you get a note in your mailbox from your neighborhood association. You've even got a brand new bathing suit waiting in the dresser for the first hot day of summer. You paid the contractor the deposit last week, and they're scheduled to come break ground on Monday. That new pool in the backyard is going to be perfect.

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