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.
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Related Topics & Key Terms
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Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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