What a "recorded covenant" actually is
A recorded covenant is a legal restriction filed with the county recorder's office against your property's title — not just a condition attached to your building permit. Once recorded, it becomes part of the public record tied to the property itself, rather than to you personally as the current owner.
What these covenants commonly restrict
- Separate sale. Many ADU covenants prohibit selling the ADU as a separate unit from the primary residence — the two remain tied together as one property.
- Minimum rental term. A common provision requires any rental of the ADU to be for a term longer than 30 days, preventing short-term/Airbnb-style use. See our ADU Airbnb rules guide for how this fits the broader statewide pattern.
- Size limits. The covenant may restate the maximum permitted size for the ADU, tying the physical structure to what was actually approved.
- Owner-occupancy, where applicable. Depending on the unit type and current state law, some covenants document an owner-occupancy requirement, particularly for Junior ADUs.
Why "binding on successors" is the key phrase
Because the covenant is recorded against the property rather than tied to you personally, it generally remains in effect even if you sell the home — the restriction transfers to whoever buys the property next. This is worth understanding both as a seller (a buyer's title search will surface it) and, if you're purchasing a home with an existing ADU, as a buyer who should ask whether a covenant is already recorded against the title you're acquiring.
This is general information, not legal advice
The exact language, scope, and enforcement of a recorded ADU covenant varies by city and by the specific document filed. This page describes general common provisions, not the terms of any specific covenant. Review the actual recorded document for your property, and consult a real estate attorney if you have questions about how it affects your plans.
Frequently asked questions
Generally no — recorded covenants typically remain attached to the property indefinitely unless the specific document includes an expiration provision or is formally released. Review your actual covenant document for its specific terms.
Yes — since it's recorded against the property's title, a buyer's title search will generally surface it during a standard home sale, and it will typically bind the new owner as well.
Possibly, depending on the specific covenant and your city's process, but this generally requires a formal release process rather than simply deciding to disregard it. Confirm the process with your city and a real estate attorney if this is relevant to your situation.