Property OwnershipIntermediateDelaware Exam

What is a 'deed restriction' versus an 'easement' in Delaware property law?

ABoth restrict how property can be used and are legally identical

BA deed restriction limits what an owner can DO with their property (use restriction); an easement grants a specific right to USE the property to a non-owner (access right) — they are fundamentally different in nature and enforcementCorrect

CDeed restrictions are temporary; easements are permanent

DEasements always appear directly within the deed body itself; restrictions are always recorded as an entirely separate document, though the underlying details naturally shift somewhat depending on the county, the property type, and the specific facts of the transaction at hand

Why A deed restriction limits what an owner can DO with their property (use restriction); an easement grants a specific right to USE the property to a non-owner (access right) — they are fundamentally different in nature and enforcement Is Correct

Answer B: A deed restriction limits what an owner can DO with their property (use restriction); an easement grants a specific right to USE the property to a non-owner (access right) — they are fundamentally different in nature and enforcement

Deed restrictions limit the owner's use of their own property (e.g.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.

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Key Terms to Know

Easement

A non-possessory right to use another person's land for a specific purpose.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Abstract of Title

A condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.

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