The major problem with EULAs is the power disparity between the buyer and seller. It’s me vs Microsoft and I can’t practically opt out of MS Word. A secondary problem is that no one knows what’s in them because no one reads them.
A real estate deal is nothing like that. The buyer and seller have roughly equal power and everyone is represented by lawyers.
Equal power is if you had any control over the covenant. In most cases, it’s a take it or leave it situation. That’s not equal power, that’s a complete lack of it. I personally don’t see how a covenant on a property is anything other than the attempt to control the living world from the grave, and shouldn’t be allowed. Zoning laws can change with the times, they’re sufficient to protect the property owners from major nuisances.
Zoning laws require an entire legislature to enact or change. A covenant only runs between the parties to the covenant. This is such an absurd point that is repeated here.
A real estate deal is nothing like that. The buyer and seller have roughly equal power and everyone is represented by lawyers.