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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Restrictive Covenants

Volume 2 . Chapter 7 . § 7-13
Key point 7-13. A restrictive covenant is a restriction on the use of property. Such restrictions often are noted in deeds to property, but they may appear in other documents as well. Such restrictions apply to a church's use of its property.

A restrictive covenant is a restriction on the use of property. Often, such covenants appear in deeds. Property owners, including churches, are legally bound by such restrictions. As a result, it is important for church leaders to review the deed to their property to be sure they are familiar with any such restrictions. However, as the following examples illustrate, such restrictions are not always legally enforceable.

Case Studies

• A Connecticut court ruled that a church could construct a parsonage ...

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