Land Use & ZoningIntermediateColorado Exam
A Colorado property is subject to a 'deed restriction' prohibiting commercial use. This restriction is:
AA. Not enforceable if the zoning allows commercial use, which most practitioners would generally accept
BB. A private land use control that can be enforced independently of and in addition to public zoningCorrect
CC. Automatically removed when the property is sold
DD. Enforceable only by the local government
Why B. A private land use control that can be enforced independently of and in addition to public zoning Is Correct
Answer B: B. A private land use control that can be enforced independently of and in addition to public zoning
Deed restrictions (restrictive covenants) are private land use controls that run with the land and can be enforced by neighboring property owners or an HOA. They exist independently of public zoning — even if zoning allows commercial use, the private deed restriction can prohibit it.
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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