What happens if a property covenant is not recorded?

When a property covenant is not recorded, it may not be enforced against subsequent owners. This scenario arises because recording serves as a mechanism to provide public notice of the covenant, which ensures that potential buyers or lenders are aware of any restrictions associated with the property. If a covenant is not recorded, it can create uncertainty about the enforceability of the covenant against future owners who have not been made aware of it. This principle is rooted in the concept of constructive notice, where recording documents related to property rights serves to inform the public of existing encumbrances or obligations tied to the property.

Subsequent owners typically have the right to assume they are taking ownership of the property free from any unrecorded covenants. Thus, without proper recording, even though the covenant may still exist in theory, it lacks enforceability against new owners who would not have sufficient knowledge of it. Recording not only protects the rights of the original parties involved but also provides clarity and security to future property transactions.