Assume a valid, applicable and enforceable deed covenant limits building height to 35 feet, while zoning permits 50 feet. Which limit applies to a proposed building?
Correct Answer
A) The deed restriction because it is more restrictive
Both public zoning and an enforceable private covenant can apply. Under the facts given, the 35-foot private cap is more restrictive and controls the proposed building. In practice, verify the recorded covenant, scope and local enforceability.
Why This Is the Correct Answer
Assuming the recorded 35-foot covenant is applicable and enforceable, a proposed building must comply with both limits; the 35-foot cap is tighter than the 50-foot zoning cap.
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