Property OwnershipEncumbrancesHARD
A Kentucky property has a recorded restrictive covenant prohibiting commercial use. If a buyer wants to open a business, the covenant:
Correct Answer
B) Must be complied with even if zoning is more permissive, as it runs with the land
Restrictive covenants that run with the land bind subsequent owners. Even if zoning permits commercial use, the more restrictive private covenant controls. The buyer must comply with the stricter restriction.
Answer Options
A
Can be ignored if zoning allows commercial useB
Must be complied with even if zoning is more permissive, as it runs with the landC
Expires after 20 years automaticallyD
Only applies to the original partiesWhy This Is the Correct Answer
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Why the Other Options Are Wrong
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Related Topics & Key Terms
Related Topics:
zoning vs. deed restrictionsHOA covenantsruns with the landconstructive noticeKentucky Marketable Title ActFair Housing Act
Key Terms:
restrictive covenantruns with the landzoningmore restrictive controlsconstructive noticeHOA
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