OWNERSHIP: SECTION 9, RESTRICTION ENCUMBRANCES Flashcards
What is another name for “ DEED ENCUMBRANCE”
Restrictive Covenants
What exactly is a “DEED RESTRICTION”?
An encumbrance placed by Grantor that binds future owners.
Do the words COVENANT & RESTRICTION mean the same thing?
YES
Name some examples of restrictive covenant’s
Types of fences, roofs, vehicles, etc…
Give an example of how a deed restriction or covenant restriction might be used?
A neighborhood developer could place deed restrictions on future owners in that particular neighborhood
Who can enforce deed restrictions?
Only the courts
Who can bring action against someone in violation of a deed restriction?
Any interested party, neighbor, homeowners association
Which deed restrictions would not be enforceable?
Racial, ethnic, religious, etc…
How can someone find out what deed restrictions might be in place where they are concerned?
It is a matter of public record.