Deed of Restrictions or Covenants
Document is filed in the deed book or the condominium deed book. (If it applies to a condominium and a separate deed book is maintained.)
The document must have:
- A description of the property the restrictions are being placed upon. This is usually not a legal description. Normally the subdivision name and unit number and the plat reference, or for a tract of land, the address and/or legal description. For a condominium, the name of condominium and the plat reference and whether the restrictions apply to all units or to specific units within the condominium complex.
- Preparation Statement (KRS 382.335)
- The clerk shall request a return mail address (KRS 382.240)
The document must be: signed by the person or entity imposing the restrictions on the property and the signature notarized. (KRS 382.135 & KRS 382.130
Covenants, restrictions and deed of restrictions are addressed in part in OAG 80-616.
"A covenant running with the land is one so relating the land, or which so 'touches and concerns the land' itself, that its benefit or obligation passes with the ownership irrespective of the consent of subsequent parties. Kentucky is among those jurisdictions committed to the view that restrictive covenants constitute property rights which run with the land."
Therefore, a deed of restriction is recorded as a deed and to the extent possible and has the same recording requirements. No actual land is conveyed, therefore the legal process fee is not charged.