A deed for Lot 14 in Maple Terrace states that the property may be used for residential purposes only. Five years later, a new owner opens a small auto repair shop in the detached garage. Owners of neighboring lots that benefit from the restriction file suit. What remedy are they most likely seeking?
Correct Answer
D) An injunction ordering the prohibited commercial use to stop
When a valid private restriction limits property to residential use, the usual enforcement remedy is equitable relief, especially an injunction requiring the violating use to stop. That remedy directly addresses the covenant breach by preventing the prohibited conduct.
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Each of the following is commonly addressed in recorded CC&Rs for a planned community EXCEPT.
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Tessa buys a cabin in a subdivision where the recorded declaration prohibits rentals of fewer than 30 days. The county allows vacation rentals in that area, so she lists the cabin for weekend stays. After the first booking, the association demands that she stop. Which statement is most accurate?