Private deed restrictions require 2,000 sq ft minimum homes, while zoning would allow 1,200 sq ft. Which governs a highest and best use analysis?
Correct Answer
C) The more restrictive control — here the private restriction
Why this is correct: For highest and best use, the property must comply with all applicable public (zoning) and private (deed restrictions) controls. The more restrictive rule governs. Why the other choices are wrong: 'The zoning ordinance, because public law always prevails over private' is wrong; private restrictions are enforceable and binding. 'Neither, since the two rules conflict' is wrong; the conflict means the stricter rule controls. 'Whichever the current owner prefers' is wrong; the owner's preference does not override legal restrictions. Exam tip: Always check both zoning and recorded private restrictions.
Why This Is the Correct Answer
Why this is correct: For highest and best use, the property must comply with all applicable public (zoning) and private (deed restrictions) controls. The more restrictive rule governs. Why the other choices are wrong: 'The zoning ordinance, because public law always prevails over private' is wrong; private restrictions are enforceable and binding. 'Neither, since the two rules conflict' is wrong; the conflict means the stricter rule controls. 'Whichever the current owner prefers' is wrong; the owner's preference does not override legal restrictions. Exam tip: Always check both zoning and recorded private restrictions.
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