Why doesn the County enforce restrictive covenants for subdivisions and other property?
When developing property, owners often record restrictive covenants in the Circuit Court. These restrictive covenants establish conditions for the use of the property by all subsequent purchasers and their lessees. Although the County Attorney’s Office reviews these covenants to insure that they include language required by the Henrico County Code or proffered conditions in zoning cases, the County does not otherwise dictate the content of the restrictive covenants. Restrictive covenants are privately established, and they are privately enforced. The County may not and does not enforce restrictive covenants. The restrictive covenants typically state who may enforce their provisions.