A developer in California records a set of deed restrictions (CC&Rs) for a new subdivision that prohibit any lot from being used for commercial purposes. Twenty years later, the surrounding area has become entirely commercial, and the subdivision is the only remaining residential area. A lot owner wants to open a retail store. Under California law, what doctrine might allow the court to refuse enforcement of the restriction?
Correct Answer
A) Changed conditions doctrine, because the neighborhood has fundamentally changed character
Under California law, the changed conditions doctrine allows a court to refuse enforcement of a restrictive covenant when the neighborhood has changed so substantially that the restriction no longer serves its original purpose. If the surrounding area has become entirely commercial, a court may find that enforcing the residential-only restriction would be inequitable and serve no purpose.
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Related Topics & Key Terms
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Related Concepts
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
More Property Ownership Land Use Controls Questions
Which of the following words is NOT associated with the others in the group?
An owner sold a parcel of real estate to a buyer with the stipulation that the buyer was not allowed to sell alcohol from the premises. The buyer sold the property 10 years later to a buyer who converted the building into a convenience store that sold beer. Should the owner or owner’s heirs claim a right of re-entry, what would be the basis for the lawsuit?
The highest form of property ownership in the United States is:
In California, which form of co-ownership is available ONLY to married couples or registered domestic partners?
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