OWNERSHIP: SECTION 9, RESTRICTION ENCUMBRANCES Flashcards

0
Q

What is another name for “ DEED ENCUMBRANCE”

A

Restrictive Covenants

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1
Q

What exactly is a “DEED RESTRICTION”?

A

An encumbrance placed by Grantor that binds future owners.

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2
Q

Do the words COVENANT & RESTRICTION mean the same thing?

A

YES

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3
Q

Name some examples of restrictive covenant’s

A

Types of fences, roofs, vehicles, etc…

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4
Q

Give an example of how a deed restriction or covenant restriction might be used?

A

A neighborhood developer could place deed restrictions on future owners in that particular neighborhood

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5
Q

Who can enforce deed restrictions?

A

Only the courts

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6
Q

Who can bring action against someone in violation of a deed restriction?

A

Any interested party, neighbor, homeowners association

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7
Q

Which deed restrictions would not be enforceable?

A

Racial, ethnic, religious, etc…

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8
Q

How can someone find out what deed restrictions might be in place where they are concerned?

A

It is a matter of public record.

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