A developer recorded covenants limiting every lot in Pine Hollow to residential use only. Five years later, the city rezoned the area to allow neighborhood retail. Maya owns one of the lots and wants to open a coffee shop in her house. Which statement is most accurate?
Correct Answer
B) The private covenant may still bar the coffee shop unless it is released or terminated
Public rezoning expands what the government will allow, but it does not automatically erase valid private covenants. If the residential-use restriction remains enforceable, Maya must still honor it unless it has expired, been released, or is otherwise legally terminated.
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Related Topics & Key Terms
Key Terms:
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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