Which of the following is not an example of an affirmative (positive) covenant

Short answer: anything that tells you what you must not do a negative (restrictive) covenant is not an affirmative (positive) covenant. For example, a promise that says you may not use the property for commercial purposes is a negative covenant, not an affirmative one.

What is an affirmative (positive) covenant?

An affirmative covenant is a promise to take action or perform a duty. It requires the party bound by it to do something rather than refrain from doing something. These commonly appear in deeds, leases, and homeowners association rules.

• Paying homeowners' association fees or maintenance charges
• Keeping a fence or driveway in good repair
• Carrying insurance on the property
• Maintaining shared areas, like a roof or septic system
• Allowing access for maintenance or inspection

What is not an affirmative covenant?

If a covenant tells you to refrain from an action, its a negative or restrictive covenant not affirmative. Examples of non-affirmative covenants include:

• "No commercial use of the property"
• "No structures taller than two stories"
• "You may not subdivide the lot"
• "No fences higher than four feet"

These are restrictions on behavior rather than obligations to act, so theyre the kinds of items that would answer the question which is not an example of an affirmative covenant.

How to tell the difference quickly

• Look for action words (maintain, pay, repair, insure): those usually signal an affirmative covenant.
• Look for prohibitions (must not, shall not, no): those are negative or restrictive covenants.
• Check the document context the heading or section may label covenants as "restrictive" or "positive/affirmative."

Why this matters

Whether a promise is affirmative or negative affects enforcement and whats expected of property owners. For example, affirmative obligations often require doing and paying for maintenance; negative covenants limit how you can use or change the property. If youre unsure which category a clause falls into, review the deed or governing documents and consider asking a real estate attorney or title professional for clarification.

In short: a rule that tells you what you must not do is not an affirmative covenant its a negative (restrictive) covenant.

Additional Links

How Do You Write A Positive Affirmation Letter To A Potential Employer?