A Colorado developer conveys lots in a new subdivision using deeds that include a covenant restricting the property to single-family residential use only. Fifteen years later, a lot owner wants to build a duplex. The developer is now deceased and the original lots have been resold multiple times. Can the current lot owner be bound by the original deed restriction?
Correct Answer
C) Yes, if the restriction was intended to run with the land, touches and concerns the land, and there was privity of estate between the original parties
In Colorado, a deed restriction (restrictive covenant) that is intended to run with the land binds all subsequent owners if three requirements are met: (1) the original parties intended the restriction to run with the land; (2) the restriction touches and concerns the land (i.e., it affects the use or enjoyment of the land itself); and (3) there was privity of estate between the original grantor and grantee. When these requirements are met, the restriction is enforceable against all future owners who take with actual or constructive notice of the restriction — which is provided by recording. A restriction limiting property to single-family residential use satisfies all three requirements.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Question
Background Knowledge for Property Ownership
Real World Application in Property Ownership
Common Mistakes to Avoid on Property Ownership Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
More Property Ownership Questions
Idaho water rights:
West Virginia requires sellers to provide:
An easement appurtenant in Alabama:
An easement by necessity is typically created when a property is in which situation?
A Texas property owner grants an oil company the right to drill on their land. This is called:
- → Alabama's lead-based paint disclosure applies to homes built before:
- → The test to locate septic system placement is called:
- → Under Idaho Code §55-1003, what is the current homestead exemption amount that protects a homeowner's primary residence from creditors?
- → Wisconsin is a:
- → What is the homestead exemption amount that Oregon law provides to protect a qualifying homeowner's equity from most unsecured creditors?
- → In Illinois, which deed provides the greatest protection to the buyer?
- → In Vermont, joint tenancy with right of survivorship requires:
- → Pennsylvania's adverse possession statute requires occupation for:
- → Delaware follows which recording system?
- → A Virginia real estate broker advises her client that a deed conveying property with the statutory phrase 'with general warranty' is legally equivalent to including all five traditional English covenants of title by operation of Virginia law. The broker is correct. Which Virginia statute authorizes this shorthand approach, allowing the phrase 'with general warranty' to import all warranty covenants without spelling them out individually?
People Also Study
Buyer Representation Agreement
8% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Financing
12% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Why Real Estate Property Description Questions Get Easier Once You Sort Boundaries, Measurements, and Legal Meaning
A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for real estate property...