You own the lot. You still may not be allowed to park a boat on it, paint the door the color you want, or build the addition you bought the house for. Recorded restrictive covenants bind the land itself, they came with the property whether or not anyone mentioned them, and they outlast every owner who ever agreed to them. Here is how they work in Virginia.
Covenants are private law attached to your dirt
Zoning is what the government permits. Covenants are what a previous owner, usually the developer who created the subdivision, imposed on the land in a recorded document. Both limit what you can do, and they are entirely independent of each other.
That independence catches people. A use the county happily permits can be flatly prohibited by a covenant recorded in 1974, and the county has no interest in the conflict. Conversely, a covenant permitting something does not override current zoning.
They run with the land
A covenant properly created and recorded binds every future owner, not only the person who agreed to it. You did not sign it, you may never have read it, and it applies to you the moment you take title.
Where they come from
Most residential covenants arrive through a declaration recorded when a subdivision was created, applying uniformly to every lot. Those are the ones that establish setbacks, minimum house sizes, permitted materials, restrictions on outbuildings and vehicles, and frequently an architectural review requirement.
Others come from an individual deed where a seller imposed a condition on a particular parcel, common on rural land divided off a family farm. Those are easy to miss because they are not in a community declaration; they are sitting in one deed in your chain.
They are not the same as association rules
This distinction matters more than it sounds. Recorded covenants bind the land. An association’s rules and regulations are adopted by a board and can generally be changed by that board, within limits the governing documents set. The two are often discussed as one thing and enforced through the same association, but they have different force and different amendment procedures. Buying into an association generally is covered in buying a condo or home in an association.
Who can enforce them, and how
Typically the association where one exists, and frequently any other owner subject to the same declaration. A neighbor can sue to enforce a covenant even where the association has no interest in doing so, which surprises owners who assumed that a quiet board meant a permissive community.
Remedies can include an injunction requiring you to remove or undo the work. That is a materially worse outcome than a fine, and it is why an architectural review approval, where the covenant requires one, is worth obtaining before construction rather than after.
Your title policy generally does not cover them
Recorded covenants and restrictions usually appear as exceptions on Schedule B of your title policy, which means they were found, disclosed to you, and expressly not insured. Reading Schedule B at closing is the moment to raise a question, not after you have poured a slab.
Old covenants and unenforceable terms
Documents from the middle of the last century sometimes contain provisions that are unenforceable and unlawful today, including racially restrictive language. Such provisions have no legal force. Virginia provides a process by which an owner can have that language addressed in the record. If you find it in your chain, it does not bind you, and we can explain the route to having it dealt with.
Separately, whether an old covenant has lapsed by its own terms, by a durational provision, or by long disuse is a genuine legal question with facts behind it. It is not something to assume because the restriction seems dated. That determination belongs with counsel.
What to do before you buy
Read the declaration and every amendment, not the summary. Match what you intend to do with the property against what the document actually permits. If your plan is a detached workshop, a home business, a fence of a particular height, or a rental, find the clause that addresses it. If the covenant requires architectural approval, understand what that process involves before you rely on the plan. The related question of what runs with the land is in easements in Virginia.
How we help
We find the recorded declaration and every deed in the chain that imposed a condition, deliver the documents rather than a summary, and tell you plainly what appears as an exception on your policy and why. Where a restriction conflicts with what you told us you intend to do, you hear it during diligence rather than after closing.
Want to know what your lot actually allows?
Send us the property and tell us what you plan to do with it, and we will pull the recorded restrictions and tell you what they say. Independent, attorney-led title and escrow across Virginia and West Virginia.
Get Your Free Quoteor call (703) 552-4155
Common questions
What is a restrictive covenant?
A limitation on the use of land created in a recorded document, usually a subdivision declaration or a deed. It binds the land itself, so it applies to every future owner regardless of who originally agreed to it.
Are covenants the same as zoning?
No. Zoning is public regulation by a government body. Covenants are private restrictions recorded by a prior owner or developer. Both apply independently, and a use permitted by one can be prohibited by the other.
Can I ignore an old covenant?
Not safely. Whether a restriction has lapsed by its own terms or become unenforceable is a legal question with facts behind it, not something to assume because the document is dated. Have counsel review it before you rely on it.
Who enforces covenants?
The association where one exists, and often any other owner bound by the same declaration. A neighbor can sue to enforce even where the board has no interest, and remedies can include an order to undo the work.
Does title insurance protect me from covenants?
Generally not. Recorded restrictions usually appear as exceptions on Schedule B, meaning they were found and disclosed and were never insured. That is why the exceptions page deserves attention at closing.
What about racially restrictive language in an old deed?
Such provisions are unenforceable and unlawful, and they have no legal force. Virginia provides a process for having that language addressed in the record, and we can explain the route.
This article is general information about restrictive covenants in Virginia and West Virginia. It is not legal advice, and whether a particular restriction is enforceable depends on its terms and the facts. Please review specific restrictions with us and with your attorney before relying on them.