Legal Definitions - restrictive covenant in equity

A restrictive covenant in equity is a private agreement, usually found in a deed or lease, that limits the use or occupancy of real property. It can specify things like lot sizes, building lines, architectural styles, and the uses to which the property may be put. Some restrictive covenants, such as race-based restrictions on transfers, are unenforceable but do not necessarily void the deed. This type of covenant is also known as an equitable easement or equitable servitude.

For example, a developer may include a restrictive covenant in the deed for a new housing development that prohibits homeowners from painting their houses bright colors or parking commercial vehicles in their driveways. These restrictions are meant to maintain a certain aesthetic and preserve property values in the neighborhood.