A California property has a CC&R (Covenants, Conditions & Restrictions) recorded against it that prohibits parking commercial vehicles in the driveway. A new buyer purchases the property and begins parking their work truck there. Can the HOA enforce this restriction against the new buyer?
Correct Answer
A) Yes, CC&Rs run with the land and bind all subsequent owners
Under California Civil Code §1460-1468 and the Davis-Stirling Common Interest Development Act (Civil Code §4000 et seq.), CC&Rs that are properly recorded run with the land and bind all subsequent purchasers. The new buyer is bound by the CC&Rs regardless of whether they signed a separate agreement, as long as the CC&Rs were recorded before the buyer acquired the property.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Land Use Controls Question
Background Knowledge for Property Ownership Land Use Controls
Real World Application in Property Ownership Land Use Controls
Common Mistakes to Avoid on Property Ownership Land Use Controls Questions
Related Topics & Key Terms
Key Terms:
More Property Ownership Land Use Controls Questions
The highest form of property ownership in the United States is:
Which of these is a direct building cost?
Fee simple is all of the following EXCEPT
A man dies testate, leaving a wife and minor son. He leaves all of his property to his son. His wife claims her elective share under the Uniform Probate Code. How will the man’s property be distributed?
The largest estate or ownership in real prop- erty is
- → In real estate, the term improvements most nearly means
- → To be valid, restrictions in a grant deed need to:
- → The placement of a house upon the lot is referred to as its:
- → Which exemplifies government's realty-related police power?
- → 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?
- → A property owner has been doing car repairs on their driveway in violation of the conditions, covenants and restrictions (CC&Rs) of their subdivision. The homeowners’ association (HOA) files a lawsuit and receives a court order requiring the owner to stop. The court order is called a(n):
- → An appropriation of land for some public use made by the owner and accepted for such use by or on behalf of the public, such as streets in a platted subdivision, is called
- → An example of a right, privilege, or improve- ment that belongs to and passes with a property is described as
- → Which type of easement is created by continuous and apparent use of another's property without permission?
- → The primary private land-use control is:
People Also Study
Buyer Representation Agreement
8% of exam
Property Ownership
10% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Previous Question
Lot A and Lot B in California were originally one parcel. When the owner divided the property and sold Lot B, the only sewer line serving Lot B runs under Lot A. No easement was mentioned in the deed. Under California law, what easement exists?
Next Question
In California, which of the following is an example of a voluntary lien?