Private Land-Use Controls Flashcards
A restrictive covenant is…
A limit on land use that a property owner imposes. Restrictive covenants put restrictions on a property’s conveyance or the instrument that transfers a grantor’s interest in real property.
Most often, that conveyance is in the form of a deed, but it doesn’t have to be.
Deed restrictions and restrictive covenants are also known as
Covenants, conditions, and restrictions, or CC&Rs.
The terms “deed restriction” and “restrictive covenant” are often used interchangeably, but the difference is
that a restrictive covenant isn’t running with the land, while a deed restriction is.
Most commonly, deed restrictions are put into place by a
developer
Deed Restrictions vs. Zoning:
Deed rules are like extra rules for an area.
Sometimes, they’re stricter than city rules.
For instance, the city might allow any homes, but the deed might say only certain ones.
Conditional deed restrictions are…
deed restrictions that state that if the property owner violates the restriction, the title will revert to the previous owner.
This is also called a qualified fee estate.
Conditional deed restrictions
The doctrine of laches is…
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.
Here are the ways a deed restriction or restrictive covenant can be ended:
Many restrictions come with baked-in end dates, often 25 years from their creation.
The owner is released from the covenant by a court, by the HOA or neighborhood association, or by the creator of the covenant.
If conditions change drastically and nobody is receiving benefits from the covenant, it can be terminated.
A law makes the covenant unenforceable.
The property is abandoned.
Deed restrictions that violate municipal, state, or federal _____ are unenforceable and should not be followed.
laws
Can one be sued based on deed restrictions even if they do not know about it?
yes
Under _______-, a broker has a duty to avoid any misrepresentation regarding: (3)
This doesn’t mean….but you should advise them to get a……
NC RE LAW
- deed restrictions
- Permitted land use
- potential land use issues (if the client wants to do something with the property, find out if they are allowed to do that.)
This doesn’t mean it’s your responsibility to find out each and every covenant or restriction on a property and list them for your client, but you should absolutely advise your potential clients that having an attorney do so would be appropriate.
When a property is or might be subject to zoning and/or covenants, advise a consumer that: (3)
Zoning ordinances or covenants could affect their use and enjoyment of the property.
Property owners may be subject to owners’ association dues and assessments.
A careful review of any covenants and owners’ association governing documents is recommended prior to signing any offer.
Examples include zoning ordinances, subdivision regulations, and building codes
Public land use controls
