Land Use & Zoning
A Connecticut property's deed includes a restrictive covenant prohibiting use of the property for anything other than single-family residential use. The local zoning now permits commercial development. Can the owner open a business?
AYes, because zoning supersedes private deed restrictions
BNo, because the more restrictive private deed covenant controls and prohibits commercial use regardless of zoning✓ Correct
CYes, if the town has granted a variance
DYes, if more than 10 years have passed since the restriction was recorded
Explanation
Both zoning ordinances and private deed restrictions must be complied with. When they conflict, the more restrictive provision controls. Even if zoning allows commercial use, a private deed restriction prohibiting it remains enforceable.
Related Connecticut Land Use & Zoning Questions
- A Connecticut property owner wants to operate a day care center in their home in a residential zone. This use would typically require:
- Which Connecticut zoning regulation type is designed to prevent the negative externalities of commercial uses from affecting adjacent residential properties?
- A Connecticut municipality adopts a 'transit-oriented development' (TOD) overlay zone near a commuter rail station. The overlay zone primarily aims to:
- Connecticut's 'Right to Farm' Act protects:
- In Connecticut, 'eminent domain' is the government's power to take private property for public use. The owner is entitled to:
- Connecticut's 'Open Space Purchase Program' allows municipalities to:
- In Connecticut zoning, 'bulk regulations' typically govern:
- A Connecticut property owner builds a fence 3 feet over the property line onto a neighbor's land. This is called:
Practice More Connecticut Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Connecticut Quiz →