Ch 17.1 Flashcards
T/F: Private restrictions generally run with the land
True
“run with the land” = lasts ___
Indefinitely
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
True
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.
Seller
Developer
The 3 ways restrictions are included:
1)
2)
3)
1) deed;
2) declaration; or
3) contract
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
A) only 1
T/F: deeds are used for restrictions affecting a single property
True
The property affected by a deed’s restrictions is the property being ____
Transferred
A restriction imposed in a deed is either a ___ or, much more rarely, a ___
Covenant
Condition
T he grantee’s title is at stake if the restriction is a ____.
Condition
A ____ in a deed creates a fee simple defeasible
Condition
Fee simple defeasible =
the ownership is dependent on specific conditions.
If the grantee violates the condition, her title can be terminated by the ___.
Grantor
A condition makes the ___ subject to termination (forfeiture)
Title
A promise to do - or refrain from doing - something
Covenant
T/F: If a grantee violates a covenant, she will not lose title to the property.
True
T/F: If a grantee violates a covenant, she will not lose title to the property.
True
If a guarantee violates a covenant, she may be ordered to ___ and/or ___
1) cease the violation
2) pay damages
the consequences of violating a covenant are far ___ harsh than the consequences of violating a condition.
A) less
B) more
Less
Whenever possible, courts will interpret restrictions in deeds as ___ rather than ___.
Covenants
Conditions
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.
Conditional
CC&Rs
Covenants
Conditions &
Restrictions
CCRs aka Declaration of
Restrictions
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.
All
even though CC&Rs stands for “covenants, conditions, and restrictions,” these restrictions are always interpreted as ___
Covenants
T/F: CC&Rs ___make title to a subdivision lot conditional.
A) do
B) do not
B) do not
The ___ time in a subdivision lot is sold, the deed merely references the recorded declaration, rather than listing each restriction
A) 1st
B) 2nd
1st
T/F: If a subdivision lot is sold more than once, The deed may or may not refer to the declaration of restrictions
True
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
True
Why does the deed not need to always reference the declaration of restrictions?
Information about the declaration of restrictions already entered the chain of title with the first year
