Property Ownership
In Missouri, 'deed restrictions' that have been abandoned through widespread violation in a subdivision:
ACan never be waived
BMay be deemed unenforceable if a court finds they have been so universally violated as to destroy their purpose✓ Correct
CAre automatically void after 25 years
DAre re-imposed automatically by MREC
Explanation
Missouri courts may find deed restrictions unenforceable through 'changed conditions' or abandonment if violations have been so widespread and open that the restriction's original purpose has been defeated. Enforcement would be inequitable if only selected violations are challenged.
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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).
EasementA non-possessory right to use another person's land for a specific purpose.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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