Zoning & Restrictive Covenants

Zoning and Restrictive Covenants are two types of restrictions that are placed on your ability to use your property as you see fit. The restrictions, however, come from two different sources. Zoning ordinances are laws passed by various local governments that restrict certain uses of land in certain areas. The justification of zoning is that it groups socially, econocmically, and asthetically compatable uses of land together. Ultimately, it is up to the local government that promulgated the zoning ordinance to enforce it using its police powers.

Restrictive covenants function somewhat similarly, but rather than being imposed by the government, they are imposed contractually, by the language of the deed to the property. When you purchase a property that has restrictive covenants within them, you are agreeing to abide by those covenants, and on your failure to do so, you could become civilly liable.

Restrictive covenants can include restrictions on the architechture and construction of any buildings on your property, the type and amount of landscaping you have, the colors you could paint your house, or even the type and number of pets you have. They also include such things as easements for maintenance and access, and fees for road and common area maintenance.

When purchasing a property it is absolutely vital that you make yourself aware of all zoning restrictions and restrictive covenants that may apply to your property. Oftentimes, the task of ferreting out all such restrictions from various deeds, ordinances, and the like can be a daunting task. However, San Diego Real Estate Broker Matt Nugent, president of Nugent Proeprty, has the training and experience as a licensed attorney to research and discover any restrictions, and most importantly, explain their practical impact on your intended use of your property.

Don't be caught off guard by a 'hidden' restriction, contact Matt Nugent of Nugent Properties today to learn how he can help you.