Glossary
Deed restriction
A recorded covenant or restriction in a property deed that limits how the property may be used or improved.
Why it matters
Deed restrictions (also called restrictive covenants) are how many HOA communities and
subdivisions control appearance and use. State solar-rights statutes can make restrictions that
effectively prohibit or restrict solar energy systems void and unenforceable — for example,
California Civil Code section 714 applies to deed, contract, and security-instrument restrictions
affecting real property.
What to check
The recorded declaration or deed for the property, and whether a state statute limits the
restriction's enforceability for the proposed improvement.
Jurisdictional variation
Enforceability and statutory override depend on the state's statutes and the recorded documents;
Texas Property Code Chapter 202 and Florida Statutes section 163.04 are examples of state limits
on restrictive covenants.