A restrictive covenant is a contractual promise that limits what someone may do — and the term has two common meanings in Missouri law: an umbrella term for post-employment restraints in a work contract, and a deed restriction that limits how land may be used. Which meaning applies depends entirely on the context in which you encounter it.
Restrictive covenants in employment
In the employment context, "restrictive covenant" is the umbrella term for the post-employment restraints an employer writes into a work contract. The three common types are the non-compete (barring work for a competitor), the non-solicitation clause (barring solicitation of the employer's customers or employees), and the confidentiality or non-disclosure term (barring use of trade secrets and confidential information).
Missouri enforces these covenants when they are reasonable and protect a legitimate business interest — trade secrets, confidential information, or customer relationships and goodwill — rather than merely shielding the employer from ordinary competition. The non-compete and non-solicitation pieces are governed by RSMo § 431.202, which confirms that reasonable covenants are not unlawful restraints of trade and treats an employee non-solicitation limited to one year as reasonable. Reasonableness is judged by duration, geographic scope, and the range of restricted activity, and a Missouri court may modify ("blue-pencil") an overly broad covenant rather than void it.
Restrictive covenants in real estate
In real estate, a restrictive covenant is a deed restriction or subdivision/HOA rule that limits how an owner may use their land — for example, residential-only use, minimum house size, setbacks, or architectural review. These restrictions usually appear in a recorded subdivision declaration or in individual deeds.
The defining feature is that a real-estate covenant runs with the land: once properly written, recorded, and intended to bind successors, it binds every future owner who takes title with notice, not just the person who first agreed to it. Missouri courts construe these covenants strictly and resolve genuine ambiguities in favor of the free use of property, but a clear restriction is enforced according to its plain meaning, typically by injunction.
Frequently Asked Questions
Does "restrictive covenant" mean a non-compete or a deed restriction?
Both — it depends on context. In an employment contract it is the umbrella term covering non-competes, non-solicitation clauses, and confidentiality terms. In real estate it means a deed or subdivision restriction limiting land use. The surrounding document tells you which sense applies.
Are restrictive covenants enforceable in Missouri?
Yes, when valid. Employment covenants are enforceable if reasonable and protective of a legitimate interest, under RSMo § 431.202 and common-law reasonableness rules. Real-estate covenants are enforceable when properly written, recorded, and intended to run with the land, though courts construe them strictly.
Does a restrictive covenant bind people who did not sign it?
In real estate, yes — a covenant that runs with the land binds future owners who take title with notice. An employment restrictive covenant, by contrast, is a personal contract that binds only the employee who signed it.
Legal Disclaimer
This page provides general legal information about Missouri law and is not legal advice. It does not create an attorney-client relationship. Every situation depends on its own facts, deadlines, and documents; consult a qualified Missouri attorney before acting.