Restrictive covenants, sometimes called “deed restrictions,” restrict the free use of land and are generally disfavored by courts. They are however generally enforceable, as Detroit-based land use and zoning attorney Larry Opalewski explains in this video.
Key facts about restrictive covenants or deed restriction enforcement
- The person trying to enforce the covenants will have the burden of proof.
- Any ambiguities in the covenants will be interpreted against enforcement (or in favor of the free use of land).
- Courts will generally not enforce covenants that go against public policy (i.e. racist or sexist covenants)
The bottom line is that restrictive covenants or deed restrictions are generally enforceable but strictly construed.
For assistance enforcing restrictive covenants or deed restrictions, or for assistance challenging them, contact Larry today at 313.859.6000 or click here.
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