Land Use & Zoning
In Montana, a 'deed restriction' (restrictive covenant) differs from a zoning ordinance in that:
ADeed restrictions are enforced by the government while zoning is enforced by private parties
BDeed restrictions are private agreements enforceable by neighboring property owners while zoning is public law enforceable by the government✓ Correct
CZoning is more restrictive than deed restrictions in all cases
DDeed restrictions cannot coexist with zoning in Montana
Explanation
Deed restrictions (restrictive covenants) are private agreements recorded in the deed chain that can be enforced by neighboring property owners with the benefit of the restriction. Zoning is a government exercise of police power enforced by local authorities. A property may be subject to both simultaneously.
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