1. a binding agreement about the use of property between multiple landowners
   a restriction on how a property can be used, imposed by the local government
2. a ban on a property being sold without agreement by the neighbors

In the broadest terms, a restrictive covenant is an agreement between two or more landowners about how they will use their property. The agreement is written into the property deeds, and is legally binding on all future owners.

1. A restrictive covenant is mandatory, and a deed restriction is optional.
   A restrictive covenant is optional, and a deed restriction is mandatory.
2. There is no real difference.

There really is no difference between the two. Deed restriction is simply another name for a restrictive covenant, although restrictive covenant is used more often when referring to covenants involving large groups of landowners.

1. TRUE
2. FALSE

While the deed must at least make reference to the existence of restrictions for them to be binding, the actual restrictions are often listed on a separate document either on file with local government agencies, or in the possession of the homeowners association or developer that enforces them.

1. the buyer, after he or she buys the land
   the seller, after he or she sells the land
2. all of the above

The terms of a restrictive covenant apply to the current owner. So a buyer must obey the terms of any deed restrictions after purchasing the property, but the seller is free of those obligations once the property is sold.

1. that the restrictions apply to the land itself, not any specific owner
   that the restrictions apply to any land that the initial owner buys in the future
2. that the restrictions apply to all land adjacent to the plot whose deed has the restrictive covenants

The phrase "runs with the land" refers to the fact that the terms of a restrictive covenant apply to the land itself, and are contained in the deed. Any future owner of the land also has to abide by the restrictions.

1. homeowners associations
   local governments
2. the federal government

These days, restrictive covenants are usually created and enforced by homeowners associations, for the benefit of all the property owners in a particular development, subdivision or neighborhood. Builders and development companies sometimes create covenants, also.

1. to keep undesirable people from moving in
   to maintain property values
2. to prevent crime

Today, covenants are used to enforce uniformity and maintenance among all the houses in a community, so that one house doesn't fall into disrepair and drive down the value of other houses, or scare off buyers with eccentric design.

1. 1948
   1965
2. 1980

In the 1948 landmark case of Shelley v. Kraemer, the court ruled in favor of an African-American homeowner, reversing a previous decision by the same court that made the opposite ruling.

1. TRUE
2. FALSE

Several recent controversies, including one in a North Carolina neighborhood, have erupted after racially restrictive covenants were found intact in affluent neighborhoods. The homeowners associations under fire have attributed the lingering racism to the difficulty in changing deed restrictions.

1. when the terms of the restrictions are too vague to be enforced
   when the terms of the restrictions are too strict to be reasonably obeyed
2. when the people who first agreed to the covenant are dead

One of the grounds for a judge to rule that a covenant cannot be enforced is if the terms of the covenant aren't detailed enough to be followed. If they simply refer to standards of quality or style without explaining what those standards are, they are probably not enforceable.

1. TRUE
2. FALSE

While some covenants have no expiration date, many are set to expire after a set term (often 30 years). But dissident HOA members shouldn't celebrate yet. Homeowners associations can vote to renew all covenants after the expiration is up.

1. They can grant a variance or waiver.
   They can help them apply to the city government to have the restriction removed.
2. They cannot take any action to release them.

The first step in fighting a restrictive covenant is to ask the homeowners association to grant an exception. Whether or not an exception is granted varies by the neighborhood and how strict your neighbors are, but usually more modest changes are easier to have approved.

1. TRUE
2. FALSE

As long as all parties agree to resolve deed restrictions, they can be dissolved, in theory. However, in a homeowners association, this requires a majority vote of all members, which can be extremely difficult to obtain.

1. livestock only
   rabid animals only
2. any type of animal

Livestock bans are commonly included in deed restrictions, but any type of animal can be banned, including pets like dogs and cats. Usually, homeowners associations have some limits on the size and number of pets that a property owner can keep in their home.

1. by proving that the restriction infringes on your personal right to earn an income
   by first applying to the city for a permit
2. it is impossible to have such a restriction overturned

Deeds restricting a property owner from using their residence for business purposes are not uncommon. But as long as you are not running a large scale operation that violates other laws (like zoning), it is possible to convince a judge that you have a right to work out of your home.

1. TRUE
2. FALSE

While a homeowner's association, neighbor or developer cannot directly force you to make changes to your home, or enter your property to try making the changes themselves, a successful suit in court can result in the judge ordering you to make the changes at your own expense.

1. outbuildings, like sheds and garages
   pools
2. both of the above

Restrictive covenants frequently place limits on the size, orientation, and design of any pools or adjacent structures like sheds and garages. Even if those amenities are not directly restricted, covenants often limit what percentage of a property's total land can be devoted to buildings of any kind.

1. TRUE
2. FALSE

It is well within the legal scope of a restrictive covenant to require homeowners to paint their houses only in approved colors, or to refrain from certain colors. In some neighborhoods, the uniform look of the houses is a highly prized commodity that helps maintain property values.

1. to control the population
   to prevent stress on the sanitation infrastructure
2. to comply with fire codes

Deed restrictions can be used to limit the size of a house, usually in terms of bedrooms, to protect the sewers in a particular neighborhood from being overloaded.

1. the view
   the amount of sunshine
2. the quality of the air

Part of the appeal of a vacation home is that perfect view of the beach or the mountains, so a common deed restriction in resort areas prohibits any one homeowner from obstructing any of their neighbors' views.