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Property DescriptionHARD11.8% of exam

Assume a valid, enforceable deed covenant expressly prohibits the proposed home-office activity, while zoning permits it. Which restriction still prevents that activity?

Correct Answer

D) The enforceable deed covenant

Because the facts expressly make the covenant valid, enforceable and applicable, it still prohibits this activity. Zoning permission alone does not cancel that separate restriction. Actual enforceability, scope, expiration and law require investigation in a real assignment.

Answer Options
A
The owner can choose which one to follow
B
Neither applies to home offices
C
The zoning ordinance takes precedence
D
The enforceable deed covenant

Why This Is the Correct Answer

Because the facts expressly make the covenant valid, enforceable and applicable, it still prohibits this activity. Zoning permission alone does not cancel that separate restriction. Actual enforceability, scope, expiration and law require investigation in a real assignment.

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