Covenant

A real estate covenant is a contractual promise that runs with the land — commonly used in commercial real estate for restrictive covenants (use restrictions, no-build zones) or in financing for loan-level covenants (DSCR, occupancy, reporting).

What it means

Two main contexts in CRE. (1) Deed-level covenants impose use or development restrictions — CC&Rs in a retail center, restrictive covenants in a master-planned development, or environmental covenants restricting land use post-remediation. These run with the land and bind subsequent owners.

(2) Loan-level covenants are contractual requirements in a mortgage: minimum DSCR, minimum debt yield, reporting requirements, occupancy thresholds. Violation can trigger default, acceleration, or special servicing transfer in CMBS.

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