A seller may restrict the buyer’s use of land after conveyance, and the mechanism chosen determines enforceability and duration.
Restrictive covenants in the deed, running with the land where the intent, touch and concern, and notice requirements are met. Enforceable by the seller and, where a common scheme exists, by other owners.
Right of reverter or right of entry terminating the estate on breach. Disfavoured, subject to statutory limits and marketable title acts in many states, and drastic in operation.
Reciprocal easement agreements in commercial developments, addressing access, parking, utilities, maintenance, and use restrictions among parcels.
Common uses. Non-compete restrictions where a seller retains a nearby business; environmental land use restrictions required by a closure; prohibition of particular uses for reasons of the seller’s other holdings; and architectural controls.
Antitrust. Non-compete deed restrictions between competitors require analysis, particularly in retail grocery and pharmacy contexts where they have attracted enforcement attention.
Duration and termination. State a term and a termination mechanism, since perpetual restrictions become obstacles when circumstances change and marketable title acts may extinguish them unintentionally.
Recording and reference in later conveyances so that successors take notice.