Origins of Deed Restrictions in the United States: The Case of Early-Nineteenth Century Boston

Abstract

This paper examines the context, precedents, contents, distribution, and socio-economic ramifications of deed restrictions in early-nineteenth century Boston, reviewing examples of restrictions’ use and a comprehensive survey of the 1800–1839 deeds of five grantors. It shows how Boston’s government and then private land developers began using deed restrictions in regards to building use, materials, height, and bulk in select geographies during this period. They did so to guarantee prestigious and stable home and work environments to wealthy consumers in the fast-changing urban context, in turn bringing into existence a prized and exclusive stratum of urban residential and commercial property.