Land Use & ZoningIntermediateAlaska Exam
A deed restriction is different from a zoning ordinance in that a deed restriction is:
AEnforced by the government and may be changed by public process
BA private agreement that runs with the land and is enforced by private partiesCorrect
CAlways superseded by zoning ordinances when there is a conflict, as a general rule
DOnly valid for 25 years before it expires
Why A private agreement that runs with the land and is enforced by private parties Is Correct
Answer B: A private agreement that runs with the land and is enforced by private parties
Deed restrictions (covenants) are private agreements that run with the land and are enforced by the parties or neighborhood association, not the government. Zoning is public law enforced by the government.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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