A property's deed contains a restriction stating 'no commercial activities shall be conducted on the premises.' This is an example of:
Correct Answer
A) A deed restriction or covenant
A private deed provision restricting commercial activity is a deed restriction or covenant by its stated form. It differs from a public zoning or building-code rule and from a right of passage. Actual validity, applicability, interpretation and enforcement must be investigated; recording alone does not guarantee that a restriction is enforceable.
Why This Is the Correct Answer
A private deed provision restricting commercial activity is a deed restriction or covenant by its stated form. It differs from a public zoning or building-code rule and from a right of passage. Actual validity, applicability, interpretation and enforcement must be investigated; recording alone does not guarantee that a restriction is enforceable.
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