A restrictive covenant differs from zoning in that a covenant is:
Correct Answer
B) Private, enforced by the parties benefited
Why this is correct: A restrictive covenant is a private agreement recorded in the deed, typically created by a developer or neighbors. Enforcement is through private legal action by the parties who benefit from the restriction (e.g., homeowners' association or adjacent landowners). Why the other choices are wrong: 'Public, enforced by the municipality' describes zoning, not a covenant. 'Applicable only to commercial property' is incorrect; covenants are common in residential subdivisions. 'Automatically extinguished after twenty years' is false; covenants can have specified durations but do not automatically expire after a set period. Exam tip: Covenants are private; zoning is public. A property must satisfy both, with the more restrictive governing.
Why This Is the Correct Answer
Why this is correct: A restrictive covenant is a private agreement recorded in the deed, typically created by a developer or neighbors. Enforcement is through private legal action by the parties who benefit from the restriction (e.g., homeowners' association or adjacent landowners). Why the other choices are wrong: 'Public, enforced by the municipality' describes zoning, not a covenant. 'Applicable only to commercial property' is incorrect; covenants are common in residential subdivisions. 'Automatically extinguished after twenty years' is false; covenants can have specified durations but do not automatically expire after a set period. Exam tip: Covenants are private; zoning is public. A property must satisfy both, with the more restrictive governing.
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