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How do deed restrictions (restrictive covenants) differ from government zoning regulations?

Correct Answer

B) Deed restrictions are private limitations on land use imposed by a grantor, not by the government

Deed restrictions, also called restrictive covenants, are private limitations on land use that are placed in a deed by a grantor, typically a developer or subdivider. Unlike government zoning, which is a public regulation enforced by local authorities, deed restrictions are private agreements that run with the land and are enforceable by other property owners within the same subdivision. In Mississippi, deed restrictions are recognized as binding encumbrances on title and can be more restrictive than local zoning ordinances, but they cannot conflict with fair housing laws or public policy.

Answer Options
A
Deed restrictions are imposed by the government and supersede all private agreements
B
Deed restrictions are private limitations on land use imposed by a grantor, not by the government
C
Deed restrictions automatically expire after ten years unless renewed by the local municipality
D
Deed restrictions apply only to commercial properties and not to residential subdivisions

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Related Topics & Key Terms

Related Topics:

zoning ordinancesCC&RsHOA enforcementencumbrances on titleFair Housing Actrunning with the land

Key Terms:

deed restrictionsrestrictive covenantszoningCC&Rsruns with the landprivate land use control
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