A recorded deed restriction limits several lots to residential use only. Each of the following could terminate or seriously weaken enforcement of that restriction EXCEPT.
Correct Answer
D) The city later rezones the area to allow mixed commercial and residential uses
Rezoning changes the government's rules, but it does not by itself erase a valid private restriction. By contrast, a recorded release, an expiration provision, or sufficiently drastic changed conditions can terminate or undermine private covenant enforcement under common-law principles.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
An easement by prescription is acquired through continuous, open, notorious, hostile, and uninterrupted use of another's land for a statutory period. It is similar to adverse possession but grants use rights, not ownership.
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
More Land Use Controls Regulations Questions
The 'innocent landowner' defense under CERCLA requires:
A buyer purchases a home in a subdivision whose CC&Rs, recorded in 1975, limit each lot to single-family residential use. The buyer begins operating an auto body repair business out of the garage, with customer vehicles parked on the lot and a spray booth in the driveway. The CC&Rs say nothing about home-based businesses. Can the HOA stop the business?
Permission to depart from a requirement of the zoning ordinance for a single parcel is obtained through a:
Zoning ordinance compliance is monitored through:
The main difference between private and public land controls is:
- → A government plan guiding long-term physical development is:
- → A developer plans to build a new condominium complex. The developer must create and record certain governing documents before selling any units. What document is the foundation of the condominium's governance structure?
- → A homeowner in an HOA community wants to install solar panels on her roof. The CC&Rs do not address solar panels. The HOA's architectural review board denies the request, citing aesthetic concerns. In many jurisdictions, how do solar access laws affect this dispute?
- → In a planned community, what is the primary role of the homeowners' association (HOA)?
- → What does the term 'covenants, conditions, and restrictions' (CC&Rs) refer to in real estate?
- → When a zoning ordinance and a deed restriction both apply to the same property but impose different standards, which standard controls?
- → What does it mean when a deed restriction is said to 'run with the land'?
- → A real estate agent is explaining deed restrictions to a buyer. All of the following are common types of deed restrictions found in residential subdivisions EXCEPT.
- → A developer creates a 200-lot subdivision and records a declaration of CC&Rs before selling any lots. The CC&Rs include architectural review requirements, landscaping standards, and HOA membership obligations. When a buyer purchases Lot 45, how is the buyer bound by the CC&Rs?
- → A buyer's agent is reviewing the CC&Rs for a subdivision. All of the following provisions are typically found in CC&Rs EXCEPT.
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Previous Question
The recorded declaration for Harbor View says that any amendment to the leasing restriction requires approval of 67% of the owners and recordation of the amendment. The board votes 4-1 to ban all future leasing but never submits the change to the owners. A unit owner immediately signs a one-year lease. Which statement is most accurate?
Next Question
When Janelle bought a new townhouse, the builder's salesperson told her, 'Don't worry, the no-short-term-rental rule is never enforced.' The recorded declaration, however, clearly bans rentals under 30 days and was never amended. Janelle later lists the unit on a home-sharing site. If the association objects, what is the best answer?