Deed restrictions (CC&Rs) placed on a property are best described as:
Correct Answer
B) Private limitations on land use that run with the land and are enforceable by other property owners in the subdivision
Deed restrictions, also known as Covenants, Conditions, and Restrictions (CC&Rs), are private limitations on land use placed by a grantor or developer in a deed or declaration. Unlike zoning, which is a public government control, deed restrictions are private agreements that run with the land, meaning they bind all future owners of the property. In Montana, CC&Rs are commonly used in subdivisions and planned communities and are enforceable by other property owners within the same subdivision, not by the government.
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Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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.
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