Private Land Use

Question 1

an instrument that transfers a grantor’s interest in real property

Answer 1

Conveyance

Question 2

private restrictions similar to deed restrictions that dictate what homeowner may do with their property

Answer 2

Covenants conditions and restrictions (CCRs)

Question 3

provision in a deed that restricts the land use of a property. It is attached to a deed, runs with the land, and applies to all future owners of the property.

Answer 3

deed restriction

Question 4

a legal principle used to bar dated claims; used in conjunction with an unreasonable delay or negligence in asserting or defending one’s rights

Answer 4

doctrine of laches

Question 5

regulations that specify how the owners of individual parcels of real estate in a given area may use property

Answer 5

land-use control

Question 6

Here are the concepts and principles you’ll want to master from this chapter.

Three Types of Land-Use Control
There are three types of land-use controls that affect real property owners’ rights.

Public Land-Use Controls:

These are government-issued land-use controls such as zoning ordinances, subdivision regulations, and building codes.

Private Land-Use Controls:

Private land-use controls are put into place by non-governmental entities, such as real estate developers — most commonly, these come in the form of deed restrictions.

Public Ownership of Land:

This concerns the role of the government to own and maintain public land such as streets, highways, and parks.

What Deed Restrictions Can’t Do
Deed restrictions usually are considered valid if they are reasonable restraints and are for the benefit of all property owners in the subdivision. They may NOT, however, violate local, state, or federal laws.

Deed restrictions in violation of fair housing laws, such as restricting the sale of property to people of a particular religion or race, are not enforceable.

Follow the Strictest Rule
If a zoning ordinance is different from a deed restriction, whichever set of rules is more restrictive is the one landowners must follow. However, if a deed restriction is in conflict with a local, state, or federal law or local zoning ordinance, the deed restriction is not enforceable.

Doctrine of Laches
According to the doctrine of laches, if a neighborhood fails to enforce a deed restriction when the violation happens, they may not be able to enforce it later.

This helps ensure that enforcement is fair and that the rules apply to everyone. You can’t let a violation slide for neighbors you like and then turn around and enforce the rules with neighbors you don’t.

Answer 6

Terms & Concepts