The Rules You Live By: A Guide to NC Covenants
Taking the mystery out of deed restrictions and how they actually affect your life at home.
Why Do Covenants Exist?
When you purchase a home in a managed community, you aren’t just buying a piece of land; you are buying into a shared set of standards. Restrictive Covenants (often called CCRs) are legally binding rules attached to the property deed. They generally exist for three reasons:
1. Protecting Value
They prevent actions that could lower property values for everyone, such as a neighbor turning their front yard into a commercial parking lot or an unmanaged storage site.2. Aesthetic Harmony
They ensure the neighborhood maintains a consistent look and feel—covering everything from the color of your roof to the style of fence you are allowed to build.3. Quality of Life
Rules regarding noise, home-based businesses, and animals help keep the environment predictable and peaceful for all residents.Just like you agree to rules when you sign up for an app, these are rules you agree to when you buy a home in a specific neighborhood. They are private legal contracts written into the property’s deed and “run with the land.” This means the rules are tied to the dirt, not the previous owner. Whether you are the second owner or the tenth, you are bound by those same rules.
The “Chicken” Variable
One of the most frequent questions I hear from families moving to the Triangle is: “Can I keep backyard chickens?”
Many buyers are surprised to learn that even if the City of Raleigh or Wake County laws allow chickens, your neighborhood’s Restrictive Covenants can still prohibit them. In a legal conflict, the neighborhood rules almost always have the final word.
The Practical Takeaway
The example above (from Brookhaven Phase 1 Covenants, recorded 1976) explicitly prohibits “fowl.” Other common verbiage would prohibit “poultry.” Either way, if you plan on having outdoor chickens, this specific language applies to you. Even if you consider your hens to be pets, an HOA board or neighbor has the legal right to enforce this restriction. This is why a deep-dive document audit is a mandatory part of my process.
What if I have a very specific case that isn’t clear to me?
Covenants can be 50+ pages of dense, antiquated legal language. Sometimes, the rules are murky, or you might find a rule that seems to contradict another.
If your plans for a property involve a specific use that isn’t clearly addressed—like a particular home business or a unique structure—don’t guess. My role is to help you identify these logistical red flags during your due diligence. If we encounter a clause that requires a formal legal interpretation, I can introduce you to an experienced North Carolina real estate attorney to ensure your interests and your lifestyle are protected before you commit.
- Formal HOAs: Communities under the NC Planned Community Act can issue fines for violations and even place a lien on your home for unpaid assessments or fines.
- No Formal Board: Even without an active HOA, covenants still exist as part of your deed. Because they are private contracts, any neighbor in that same subdivision may have the legal standing to take a violation to civil court to enforce the rules.
Protect Your Lifestyle
The value of a property is tied directly to your right to use it. My Covenant Intelligence approach ensures your future plans for the home align with the neighborhood’s infrastructure.
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