Legal Definitions - Restriction

A Restriction is a legal term that refers to any limitation or constraint placed upon an action, activity, or the use of property. These limitations can arise from various sources, including laws passed by legislative bodies (statutes), rules issued by government agencies (regulations), specific clauses within agreements (contracts), or conditions written into documents that transfer ownership (conveyances).

It is also important to understand that even those who impose restrictions, whether governments or private parties, are often themselves limited in what they can restrict. These limitations typically stem from higher laws, such as a constitution, or from established public policy principles that prevent overly burdensome or unlawful restrictions.

Here are some examples to illustrate the concept of a restriction:

• Contractual Restriction: Imagine a software developer who signs an employment contract that includes a "non-compete clause." This clause states that for one year after leaving the company, the developer cannot work for a direct competitor within a certain geographical area.

  How it illustrates the term: This non-compete clause is a restriction because it places a clear limitation on the developer's future professional activity. It is a direct result of a specific provision within a contract, limiting their ability to work for certain companies for a defined period.

• Statutory/Regulatory Restriction: A city government passes a zoning ordinance that designates certain areas exclusively for single-family residential homes, prohibiting the construction of multi-story apartment buildings or commercial storefronts in those zones.

  How it illustrates the term: This zoning ordinance acts as a restriction on property use and development. It limits the type of structures that can be built and the activities that can take place on land within those designated areas. This restriction originates from a statute (the local ordinance) designed to manage urban planning and maintain neighborhood character.

• Restriction in a Conveyance: When a historical estate is sold, the deed of sale includes a covenant stating that the exterior facade of the main house must be preserved in its original architectural style and cannot be altered without approval from a historical preservation society.

  How it illustrates the term: This covenant in the deed is a restriction on the property. It limits the new owner's activity regarding modifications to the building's exterior. This restriction is embedded directly within the conveyance document (the deed), ensuring that a specific condition regarding the property's use and appearance is maintained over time.