Land use and encumbrances
Restrictive covenant
A private promise limiting how land may be used, recorded against the title
Put in place by a developer or an earlier owner rather than by government, and enforced by the neighbors or the association it benefits. Because it runs with the land it binds buyers who never agreed to it and never met the person who imposed it.
Easily confused with
Zoning is a public power exercised by government and enforced by a municipality. A covenant is private, and the remedy is an injunction brought by whoever it benefits.
How the exam asks about it
When a covenant and a zoning ordinance both apply, the stricter of the two governs. That is the item, almost every time.
Quick check: Restrictive covenant
One question. Pick an answer to see the explanation.
Which term is being defined: “A private promise limiting how land may be used, recorded against the title”?
Related terms
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