In 2026, Harper bought a home in the Sunny Ridge subdivision. Her deed states that no detached structure may be built closer than 15 feet to the rear lot line. The city's zoning ordinance would allow a 5-foot setback. Which statement is most accurate?
Correct Answer
C) The private deed restriction may still bind Harper because it is more restrictive than zoning
Zoning sets the minimum public standard, but private deed restrictions can lawfully impose stricter limits on owners within a subdivision. If the restriction is valid and still enforceable, Harper must comply with the more restrictive private setback even though zoning would allow more.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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