I don't typically concern myself with C&Rs in the course of my lot surveys. Especially in subdivisions dating back to the teens, twenties and thirties, they can be devilishly hard to find and there always seems to be the question of whether or not they are still in effect, who would enforce them, etc.
Do you show them on single lot surveys?
Depends on the purpose of the survey.
If all I am doing is finding the 4 corners - probably not.
Placing a house location on the lot for construction - darned right!
ALTA, house location, title, physical survey or whatever you call it - yes.
Yes we do. I note the volume and page in the notes and show graphically those items that can be shown, especially those in conflict with the recorded plat. Building lines tend to do that a lot.
Many of the old one have provisions that are no longer in effect like only people from a certain race may live in the neighborhood, but others, like building lines and junk cars, are still in place.
We show them. Some subdivisions don't have them, but we look anyway.
Many C&Rs have a shelf life
Something like 15 to 20yrs afterwards they go away, unless the owners vote them in and keep that up.
I read them to get the specifics on offset lines for easements and building placement and such and will give them a reference on my drawing.
They should show up the the Title Commitment and is is wise to ask a neighbor what they know about them.
0.02
Typically there is no mention of them in the deed or on the record plat. We are rarely working from a title commitment, so I don't really know how you would be aware of them. I have a statement on my plat similar to the attorney's note on every deed I see: "subject to all valid easements, right of ways, covenents or restrictions".
