How do you get around a restrictive covenant?

Hi Jerry, an old covenant isn’t automatically unenforceable just because it dates to 1954. A zoning variance also generally won’t override a private deed restriction. I’d have a local real estate attorney review the exact covenant to determine whether it has expired, been abandoned or can be amended or removed. St. Louis has become more ADU-friendly, but the private covenant still needs to be addressed.

Jerry, first thing to sort out: what exactly is blocking you, because "restrictive covenant" and "zoning" are two different animals with two different fixes. A restrictive covenant is a private rule, usually from an HOA or the original subdivision (the CC&Rs). Zoning is a government rule. You approach them very differently, and one of them may not even be enforceable. If your property is in California, this matters a lot: state law has moved hard in favor of ADUs. California has passed provisions that void private CC&R restrictions that unreasonably restrict building an ADU or junior ADU on a single-family lot. In plain terms, an HOA "no ADU" clause is frequently unenforceable here, even though the HOA can still impose reasonable design standards. So do not assume the covenant wins just because it is written down. Your realistic paths: - Have a real estate attorney read the actual covenant and tell you if it is even enforceable, especially against current state ADU law. - If it is an HOA, ask about a variance or a CC&R amendment. - Confirm the zoning and permitting side separately with your city or county planning department, since that is a different approval. I am a real estate professional, not an attorney, and this is genuinely a legal question, so getting a land-use or real estate attorney to review the covenant against your state's current ADU statutes is money well spent before you spend anything on plans. I work across the South Bay and greater Los Angeles where ADUs are a big value-add, and I am glad to point you to good local land-use counsel and ADU builders. If you are outside California, tell me where and I will connect you with the right local resource. Zoltan

The answer is that getting around a restrictive covenant can be possible, but the difficulty depends on the wording of the covenant, who has enforcement rights, local laws, and whether the restriction is still considered valid or enforceable. The key factors are whether the covenant is still active, whether similar restrictions have already been removed or ignored in the neighborhood, and whether current zoning laws support your proposed ADU. A common mistake is assuming an old covenant automatically disappears because it is outdated, because some private deed restrictions can continue for decades unless they expire, are amended, or are legally removed. Possible options may include requesting a release from the parties who have enforcement rights, seeking a court order to remove or modify the restriction, or exploring state laws that limit certain outdated housing restrictions, especially in areas encouraging ADU development. Before moving forward, review the original covenant documents, check your title report, and speak with a real estate attorney familiar with land use and property restrictions in your area. An experienced professional can help determine whether pursuing a variance, modification, or legal challenge is realistic before you invest in plans and construction costs.

Hi Jerry I would recommend reaching out to a local real estate professional and/or attorney for advice to make sure what you are trying to accomplish is done correctly.

Restrictive covenants run with the land and are typically enforceable unless expired or abandoned. In Floral City, Florida, older subdivisions sometimes have 30-year covenants that have lapsed or gone unenforced. Check the recorded deed restrictions and the enforcement history before investing in ADU design or permitting. Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners

A restrictive covenant is very different from a zoning issue, so the first thing to know is that a variance usually will not solve the covenant itself. A variance is something you request from the city or county for zoning rules, while a restrictive covenant is a private deed restriction tied to the property. The good news is that because this covenant dates back to 1954, the first step is to find out whether it is even still enforceable. Many older restrictions either expire, were never renewed properly, or no longer reflect the way the neighborhood has developed over time.

1. Pull full title report 2. Identify WHO benefits from the covenant 3. Drive the neighborhood: Look for violations (ADUs, additions, conversions), 4. Talk to zoning department 5. Confirm ADU is allowed (this strengthens your argument) 6. Consult real estate attorney: ask about obsolete covenant argument

Getting around a restrictive covenant like that is usually more about removing or modifying it than getting a “variance” (since covenants are private restrictions, not zoning rules). Your main options are: (1) obtain written consent from all affected property owners or the HOA (if applicable), (2) pursue a legal action to have it declared unenforceable due to age, ambiguity, or changed neighborhood conditions (especially in a now high-density area), or (3) show it’s no longer being enforced consistently. Difficulty varies a lot, but older covenants from the 1950s are sometimes easier to challenge if the area has evolved significantly—though it can still require legal fees and time. A local real estate attorney is key here to review the exact language and feasibility before you move forward.

A restrictive covenant is a "promise" that runs with the land, and getting around one is difficult but not impossible. You can check for an "Expiration Date" in the original deed, as some covenants naturally lapse after 25 or 30 years. If it is still active, you can attempt to get a "Release of Covenant" signed by all affected neighbors, or argue in court that the "Character of the Neighborhood" has changed so significantly that the covenant is no longer applicable. Always consult a land-use attorney before violating a covenant, as the legal fees for a breach can be astronomical.

This can get tricky, because a restrictive covenant isn’t the same as a zoning rule, it’s a private restriction that “runs with the land,” so the city can’t just waive it with a simple variance. Even if your area is now high density, that 1954 covenant is still enforceable unless it’s been formally removed or no longer holds up legally. Your options usually come down to a few paths, you can seek approval from whoever benefits from the covenant, often neighboring property owners or an HOA if one exists, you can pursue a legal action to have it declared unenforceable due to changed conditions over time, or in some cases title companies or real estate attorneys can help determine if it’s already been abandoned or inconsistently enforced, which weakens it. The reality is, it’s not always a quick or inexpensive process, and success depends heavily on how the covenant is written and who has the authority to enforce it, so the smartest move is to have a local real estate attorney review it before you spend money on plans, because that will tell you pretty quickly whether you have a realistic path forward or if you need to pivot.

You typically can’t just “get around” a restrictive covenant, since it runs with the land and can be enforced by whoever benefits from it. That said, a covenant from 1954 isn’t automatically a deal breaker.. First step is to verify whether it’s even still enforceable—things like who has the right to enforce it, whether it was properly maintained, and whether it’s become obsolete due to changes in the neighborhood all matter. If it is enforceable, options may include: • Getting a release or amendment from the parties who benefit from the covenant (often neighboring owners) • Checking if local zoning laws now conflict with the restriction (in some cases, that can weaken it) • Pursuing a legal challenge based on changed conditions or lack of enforcement over time Bottom line: it’s a title/real estate attorney conversation. I’ve seen older restrictions like that become non-issues, but you need to dig into the specifics before assuming you’re stuck.

A 1954 covenant isn't automatically enforceable just because it exists. The first thing to find out is who holds the right to enforce it. Older restrictive covenants often have no active enforcing party anymore, especially if the original developer is long gone and no HOA was ever formed. If nobody has legal standing to enforce it, it may be unenforceable in practice even if it's still on the title. If it is enforceable, your options are a quiet title action through the courts to have it removed, or getting written consent from all neighboring property owners who benefit from the covenant. In high-density suburban areas where ADUs are increasingly common and even encouraged by local zoning law, courts have shown more willingness to void outdated covenants that conflict with current public policy. Several states have also passed legislation in recent years that limits the enforceability of covenants that restrict ADUs outright. A real estate attorney who handles land use is the right call here, not a general contractor or a zoning board visit first. They can read the covenant, trace who can enforce it, and tell you the fastest path forward. This is one of those situations where an hour of legal advice upfront saves months of going in the wrong direction.

It varies from county to county. You will need to visit your local city development department.

This is a great question, and it’s a situation that can be confusing because it involves two different types of restrictions — zoning laws and private covenants. Even if your city allows ADUs, a restrictive covenant is a private agreement tied to the property and can still prohibit things like secondary dwellings. Unfortunately, a zoning variance would not override a private covenant, which is a common misconception. The next step is usually to review the exact language of the covenant, because some older covenants: • Have expiration dates • Include provisions for amendment • May no longer be actively enforced If the covenant is still valid, removing or modifying it typically requires agreement from other property owners within the subdivision, which can be a more involved process. In some cases, property owners consult a real estate attorney to: • Interpret the enforceability of the restriction • Determine if it can be challenged • Explore amendment options I would recommend starting with a review of the covenant language and then consulting with a local real estate attorney who can advise you on what’s feasible in your specific situation. You’re asking the right question — this is definitely something to clarify before moving forward with building plans.