Land Use Controls Practice Question
Option C is correct because for restrictions to be valid and enforceable against future owners, they must 'run with the land.' This means the restrictions are attached to the property itself, not just the current owner, and will apply to all subsequent owners who take title to the property.
Option A: be contained in a deed or a written agreement.
Option A is incorrect because while restrictions should be in writing, simply being in a deed or agreement doesn't automatically make them binding on future owners. The restrictions must specifically intend to run with the land to be enforceable against subsequent purchasers.
Option B: be less restrictive than existing zoning requirements.
Option B is incorrect because restrictions can be more restrictive than zoning requirements. In fact, many properties have private deed restrictions or covenants that impose greater limitations than what the zoning code requires.
Option D: d. be posted on a sign in a conspicuous spot on the property.
Option D is incorrect because posting signs is not a legally sufficient method to establish binding restrictions that run with the land. While signs may inform current occupants, they don't create enforceable limitations on future owners.
This question addresses the fundamental concept of property restrictions and their validity in real estate transactions. Understanding how restrictions are properly established and enforced is crucial for real estate professionals because it affects property values, buyer expectations, and legal compliance. The question specifically focuses on grant deeds, which are common instruments for transferring property ownership in California. The core concept here is that for restrictions to be binding on future owners, they must 'run with the land' - meaning they attach to the property itself rather than just the current owner. This principle ensures that buyers are aware of limitations that will continue to apply even after the property changes hands. The question tests whether students understand that restrictions must be properly documented and intended to bind successors, rather than being merely personal agreements or temporary arrangements.
The concept of restrictions 'running with the land' originates from property law principles dating back centuries. These restrictions, often called covenants running with the land, must meet specific requirements to be enforceable: they must be in writing, touch and concern the land, be intended to run with the land, and have notice (actual, constructive, or inquiry). In California, these restrictions are commonly found in subdivision maps, CC&Rs (Covenants, Conditions, and Restrictions), or specific deed provisions. They serve to maintain uniformity and protect property values in neighborhoods or developments.
R U N S: Restrictions must be in writing, touch and Use the land, be intended to Not be personal, and have proper Scope
When encountering questions about property restrictions, mentally check if they meet the R U N S criteria to determine if they properly run with the land
For questions about property restrictions, always look for the phrase 'run with the land' as it indicates restrictions that bind future owners. This is typically tested alongside requirements like being in writing and touching/concerning the property.
A real estate agent shows a property in a gated community to prospective buyers. The agent explains that while the property allows single-family homes, the community's CC&Rs prohibit home businesses and require minimum square footage. During negotiations, the buyers ask if these restrictions will apply if they sell in five years. The agent correctly explains that since these restrictions are recorded in the CC&Rs and run with the land, they will bind all future owners, ensuring the community's character is maintained regardless of ownership changes.
- •Confusing the requirements for restrictions to run with the land versus merely being in writing
- •Assuming that restrictions cannot be more restrictive than zoning requirements
- •Believing that posting signs or oral agreements can create binding property restrictions
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