Zoning Overrides Covenants
This trap appears as a wrong-answer choice in 2 active questions. 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 Property2
Example wrong choices
15022_psalm_lane_covenant · REAL_PROPERTY · Choice AInjunction should be denied, but damages should be awarded to all plaintiffs, measured by any diminution in market value caused by Timothy's two-family residence.
Why it's attractive
The choice talks about damages for all plaintiffs and denies injunction, but the decisive map is who has the covenant benefit.
Why it's wrong
The choice talks about damages for all plaintiffs and denies injunction, but the decisive map is who has the covenant benefit.
15022_psalm_lane_covenant · REAL_PROPERTY · Choice BAll plaintiffs should be awarded an injunction because the parcels were subject to a common residential development scheme, but damages should be denied to all.
Why it's attractive
The phrase common development scheme does not match the deed pattern: Parcels A, C, and E were sold without restrictions.
Why it's wrong
The phrase common development scheme does not match the deed pattern: Parcels A, C, and E were sold without restrictions.
15022_psalm_lane_covenant · REAL_PROPERTY · Choice CAll plaintiffs should be denied any recovery or relief because the zoning ordinance allows two-family residences and therefore preempts any private scheme of restrictive covenants.
Why it's attractive
The choice makes public zoning erase private covenants. The taught Gold Key says zoning permission does not wipe out a stricter private restriction.
Why it's wrong
The choice makes public zoning erase private covenants. The taught Gold Key says zoning permission does not wipe out a stricter private restriction.
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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