A valid deed restriction prohibits mineral extraction on a parcel. Which right in the owner's bundle of rights does it most directly limit?
Correct Answer
C) The right to use
A restriction on extraction limits how the owner may use the land. The owner can still sell, exclude others and possess the property, subject to the restriction, which typically runs with the land and binds later owners.
Why This Is the Correct Answer
Option C is correct because prohibiting mineral extraction limits how the owner may use the land. The owner can still sell, exclude others and possess the property subject to the restriction. A deed restriction of this kind typically runs with the land and binds later owners.
Why the Other Options Are Wrong
Option A: The right to sell
Option A, the right to sell, is wrong because the owner can still sell the parcel; the buyer simply takes it subject to the extraction restriction.
Option B: The right to exclude
Option B, the right to exclude, is wrong because the restriction does not let others enter the property; the owner can still keep others off.
Option D: The right to possess
Option D, the right to possess, is wrong because the owner still occupies and controls the property; only the extraction activity is barred.
What can I do here?
If a restriction limits an activity on the land, it hits the right to use.
How to use: Use this question to identify the affected right when a restriction prohibits an activity.
Exam Tip
Ask which right the restriction actually takes away; a ban on an activity limits use, not ownership transfer or possession.
Common Mistakes to Avoid
- -Thinking a deed restriction prevents selling the property
- -Confusing the right to use with the right to possess
- -Assuming deed restrictions end when the property is sold
Concept Deep Dive
Analysis
This question tests the bundle of rights. A restriction on mineral extraction limits what the owner can do with the land. Match the restriction to the right it most directly affects.
Background Knowledge
The bundle of rights includes the rights to use, sell, lease, enter, give away and exclude. Private restrictions such as deed restrictions can limit one stick in the bundle while leaving the others intact.
Real-World Application
A rural parcel has a deed restriction prohibiting mining. The appraiser notes that the restriction limits use of the mineral rights and considers whether the market would pay less because of it.
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