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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 use
B
Must be complied with even if zoning is more permissive, as it runs with the land
C
Expires after 20 years automatically
D
Only applies to the original parties

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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

Related Concepts

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

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