Property Ownership
A Kentucky deed restriction (restrictive covenant) prohibiting commercial use of residential lots was placed in a subdivision deed in 1960. A current owner who wants to open a home business should:
AIgnore the restriction since it is over 50 years old
BApply to the county for rezoning to allow the business
CReview the restriction carefully since it may still be enforceable✓ Correct
DRequest KREC approval for the home business
Explanation
Deed restrictions (private restrictive covenants) can remain enforceable indefinitely unless they have expired by their own terms, been released, or become unenforceable for other reasons. The homeowner should review the restriction and consult an attorney before assuming it is no longer applicable.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Joint TenancyCo-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.
EasementA non-possessory right to use another person's land for a specific purpose.
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