To be valid, restrictions in a grant deed need to:
Question & Answer
Review the question and all answer choices
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.
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.
run with the lan
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.
Why is this correct?
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.
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