A deed restriction prohibits a subdivision from using a residential property as a business. A buyer interested in purchasing a property in the subdivision tells their broker they intend to use one room of their house as a dog grooming service. Can the buyer do so?
Correct Answer
D) No - the restriction bars business use of the property
A deed restriction runs with the land and binds every owner in the subdivision. One that prohibits business use prohibits it whoever the customers are; nothing in it turns on how many clients come or where they live. Other choices: neighbors not noticing goes to whether anyone enforces the restriction, not to whether it is permitted; an association can enforce a restriction written into the deeds but generally cannot waive one unless the declaration gives it that power; and limiting clients to residents of the subdivision is still running a business at the property.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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