Ch 17.1

Question 1

T/F: Private restrictions generally run with the land

Answer 1

True

Question 2

“run with the land” = lasts ___

Answer 2

Indefinitely

Question 3

T/F: All future owners of property with restrictions which “run with the land” have to comply with the restriction, and all future owners of the properties that benefit from the restriction will have the right to enforce them

Answer 3

True

Question 4

Most private restrictions are created before a property is sold because the ___ (usually the ____ of a subdivision) wants to limit how the property is used in the future.

Answer 4

Seller

Developer

Question 5

The 3 ways restrictions are included:
1)
2)
3)

Answer 5

1) deed;
2) declaration; or
3) contract

Question 6

A deed is typically used to create private restrictions when ___ property(ies) (the property/properties being transferred) will be burdened by the restrictions.

A) only 1
B) 2
C) 4 or less

Answer 6

A) only 1

Question 7

T/F: deeds are used for restrictions affecting a single property

Answer 7

True

Question 8

The property affected by a deed’s restrictions is the property being ____

Answer 8

Transferred

Question 9

A restriction imposed in a deed is either a ___ or, much more rarely, a ___

Answer 9

Covenant

Condition

Question 10

T he grantee’s title is at stake if the restriction is a ____.

Answer 10

Condition

Question 11

A ____ in a deed creates a fee simple defeasible

Answer 11

Condition

Question 12

Fee simple defeasible =

Answer 12

the ownership is dependent on specific conditions.

Question 13

If the grantee violates the condition, her title can be terminated by the ___.

Answer 13

Grantor

Question 14

A condition makes the ___ subject to termination (forfeiture)

Answer 14

Title

Question 15

A promise to do - or refrain from doing - something

Answer 15

Covenant

Question 16

T/F: If a grantee violates a covenant, she will not lose title to the property.

Answer 16

True

Question 17

T/F: If a grantee violates a covenant, she will not lose title to the property.

Answer 17

True

Question 18

If a guarantee violates a covenant, she may be ordered to ___ and/or ___

Answer 18

1) cease the violation

2) pay damages

Question 19

the consequences of violating a covenant are far ___ harsh than the consequences of violating a condition.
A) less
B) more

Answer 19

Less

Question 20

Whenever possible, courts will interpret restrictions in deeds as ___ rather than ___.

Answer 20

Covenants

Conditions

Question 21

Courts will allow termination of title only if the wording in the deed is absolutely unambiguous and is plainly intended to make the grantee’s title ____ and subject to termination.

Answer 21

Conditional

Question 22

CC&Rs

Answer 22

Covenants
Conditions &
Restrictions

Question 23

CCRs aka Declaration of

Answer 23

Restrictions

Question 24

When creating a subdivision, developers virtually always prepare a declaration of restrictions.
This declaration contains a set of restrictions that apply to __ of the lots in the subdivision.

Answer 24

All

Question 25

even though CC&Rs stands for “covenants, conditions, and restrictions,” these restrictions are always interpreted as ___

Answer 25

Covenants

Question 26

T/F: CC&Rs ___make title to a subdivision lot conditional.

A) do
B) do not

Answer 26

B) do not

Question 27

The ___ time in a subdivision lot is sold, the deed merely references the recorded declaration, rather than listing each restriction
A) 1st
B) 2nd

Answer 27

1st

Question 28

T/F: If a subdivision lot is sold more than once, The deed may or may not refer to the declaration of restrictions

Answer 28

True

Question 29

T/F: Regardless of whether or not the deed references the declaration of restrictions after the party has already been sold once, the restrictions still bind all feature owners of the lot

Answer 29

True

Question 30

Why does the deed not need to always reference the declaration of restrictions?

Answer 30

Information about the declaration of restrictions already entered the chain of title with the first year