What Is a Restrictive Covenant in NH Real Estate?

🏡 What Is a Restrictive Covenant in NH Real Estate?

When buying a home or land in Plymouth, Campton, Thornton, Rumney, or anywhere across Central NH, you may come across rules called restrictive covenants.

These covenants limit how a property can be used and are legally binding. They can affect building plans, land use, structures, and even lifestyle choices on the property.

Understanding restrictive covenants is essential before closing.

Here’s what NH buyers should know.

⭐ What Is a Restrictive Covenant?

A restrictive covenant is a recorded rule placed on a property that limits or regulates how the land can be used.

These covenants:

✔ Are legally binding

✔ Stay with the land (run with the deed)

✔ Apply to all future owners

✔ Are enforceable by HOAs, neighbors, or the developer

Restrictive covenants are commonly created during subdivision development, but they also exist in rural areas and older NH neighborhoods.

⭐ Common Types of Restrictive Covenants in NH

Restrictive covenants may apply to:

✔ Building Restrictions

• Minimum house size

• Required architectural style

• Limits on sheds or garages

• Setback or height restrictions

✔ Property Use

• No commercial activity

• No short-term rentals

• No RV or boat storage outside

✔ Animals

• Limits on livestock

• No breeding operations

• HOA-approved pet rules

✔ Land Management

• Tree-cutting restrictions

• Conservation covenants

• Landscaping or fencing rules

✔ Shared Community Rules

• Parking restrictions

• Noise limitations

• Rules on exterior changes

These covenants vary greatly depending on the community.

⭐ Where Are Restrictive Covenants Found?

In New Hampshire, covenants appear in:

✔ Deeds

✔ Recorded subdivision plans

✔ Title search documents

✔ HOA declarations

✔ The property’s title commitment

Your closing attorney or title company should review these before closing.

⭐ Why Restrictive Covenants Matter for NH Buyers

Restrictive covenants can:

⚠️ Limit future building plans

⚠️ Restrict land use or additions

⚠️ Affect where garages, sheds, or ADUs can be built

⚠️ Prohibit certain businesses or rentals

⚠️ Restrict yard parking or storage

⚠️ Impact resale value

Buyers must review covenants carefully to avoid unexpected limitations.

⭐ Can Restrictive Covenants Be Removed or Changed?

Sometimes — but it isn’t easy.

Covenants can be lifted only if:

✔ All affected owners agree

✔ The HOA votes to amend them

✔ A judge orders removal

✔ The covenant has an expiration date and reaches it

Without any of these conditions, most covenants remain permanently in place.

⭐ Keywords

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Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com