Actual Notice Always Binds
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15034_psalm_ridge_accounting_cottage · REAL_PROPERTY · Choice AMartha, because county zoning permission for professional offices overrides any inconsistent private use covenant as a matter of public policy.
Why it's attractive
It makes zoning permission automatically defeat private covenants.
Why it's wrong
It makes zoning permission automatically defeat private covenants.
15034_psalm_ridge_accounting_cottage · REAL_PROPERTY · Choice BLydia, because Peter's actual knowledge of the later deeds brought Lot 4 into the common residential plan.
Why it's attractive
It proves notice but skips whether the burden attached before Lot 4 left Lydia's ownership.
Why it's wrong
It proves notice but skips whether the burden attached before Lot 4 left Lydia's ownership.
15034_psalm_ridge_accounting_cottage · REAL_PROPERTY · Choice DLydia, because Martha, as Peter's successor in interest, is estopped from denying that Lot 4 remains subject to the zoning rules in effect when Peter bought it.
Why it's attractive
It talks about old zoning instead of the private restriction Lydia is suing to impose.
Why it's wrong
It talks about old zoning instead of the private restriction Lydia is suing to impose.
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