Title Tuesday #8

You can own a property… and still have to follow certain rules. In this episode of Title Tuesday, we break down restrictive covenants — private restrictions recorded in the land records that can limit how a property is used.

We cover:
• What restrictive covenants are
• How they differ from zoning
• Common examples (including some surprising historical ones)
• Why they still affect properties today

In many parts of New York, these restrictions were created decades ago — sometimes over 100 years ago — and still apply today because they run with the land. Even when certain provisions (like older “nuisance” or discriminatory restrictions) are no longer enforceable, they can still appear in the title record. Understanding restrictive covenants helps buyers, agents, and attorneys avoid surprises when purchasing, improving, or selling property.