Chapter 2 - Book Quiz (plus)

A provision in a subdivision declaration used as a means of forcing grantees to live up to the terms under which they hold title to the land is a

• restrictive covenant.

• reverter.

• laches.

• conditional-use clause.

Answer explanation

The answer is restrictive covenant. Restrictive covenants are created by subdividers or developers to affect the use of parcels within a particular subdivision. A purchaser of real estate in that subdivision holds title subject to the recorded covenants, conditions, and restrictions. (p. 27)

A landowner who wants to use the property in a manner prohibited by a local zoning ordinance can try to obtain which of the following from the municipality?

• variance

• downzoning

• occupancy permit

• dezoning

Answer explanation

The answer is variance. A variance provides relief for property owners who can demonstrate that a zoning ordinance deprives them of the reasonable use of the property. (p. 22)

Public land-use controls include all of the following EXCEPT

• subdivision regulations.

• deed restrictions.

• environmental protection laws.

• comprehensive plans.

Answer explanation

The answer is deed restrictions. Deed restrictions are private restrictions created by property owners at the time they convey the ownership. (p. 19)

The police power allows regulations of all of the following EXCEPT

• the number of buildings.

• the size of the building.

• building ownership.

• building occupancy.

Answer explanation

The answer is building ownership. Police power refers to the inherent authority of the government to adopt regulations necessary to protect the public health, safety, and welfare. The government does not regulate ownership of real estate. (p. 18)

A developer may establish which of the following to control and maintain the character and quality of a subdivision?

• Easement

• Restrictive covenants

• Buffer zones

• Building codes

Answer explanation

The answer is restrictive covenants. Developers often use conditions, covenants, and restrictions (CC&Rs) Control and maintain the desirable quality and character of a property or subdivision. (p. 27)

When a subdivision was developed, a deed restriction covering all the properties in the subdivision set aside the back six feet of each parcel as a combination green belt area and bicycle path. One homeowner plans to convert the back one-half of her yard into an organic garden. What, if anything, can her neighbors do?

• Nothing, because individual homeowners have no authority in this matter.

• Force homeowner to sell her property.

• Go to court in an attempt to obtain injunctive relief.

• Share in the profits from her garden.

Answer explanation

That answer is go to court in an attempt to obtain injunctive relief. Private restrictions can be enforced in court when law owners apply to the court for an injunction to prevent a neighboring law owner from violating the recorded restrictions. The core injunctions will direct the violator to stop or remove the violation. The court retains the power to punish the violator for failure to obey. (p. 27)

Which of the following would probably NOT be included in a list of deed restrictions?

• Types of buildings that may be constructed

• Allowable ethnic origins of purchasers

• Activities that are not to be conducted at the site

• Minimum size of buildings to be constructed

Answer explanation

The answer is allowable ethnic origins of the purchasers. Restrictions on the right to sell, mortgage, or convey property based on ethnic origins limit the basic right of free alienation of property and are therefore unenforceable. (p. 27)

How might a restriction in a seller’s deed be enforced?

• Court injunction

• Zoning hearing board

• Municipal building commission

• State legislature

Answer explanation

The answer is court injunction. When a deed restriction has been violated, the party affected by the violation has a right to go to court and seek a court order or injunction that will direct the violator to Stop or remove the violation. (p.27)

The grantor of a deed may place effective restrictions on

• the right to sell the land.

• the use of the land.

• who the next purchaser will be.

• who may occupy the property.

Answer explanation

The answer is the use of the land. An owner may impose restrictions on the right to use property, but any attempts to restrict the right of free alienation (transfer) or occupancy of the property is considered to be against public policy and therefore unenforceable. (p. 27)

Zoning hearing boards are established to hear complaints about

• restrictive covenants.

• the effects of a zoning ordinance.

• building codes.

• the effects of public ownership.

Answer explanation

The answer is the effects of a zoning ordinance. Zoning hearing boards are municipal bodies for the specific purpose of hearing about the effects of zoning ordinances on specific parcels of property. (p. 22)