Property Ownership
In Nevada, what is a 'deed restriction' and is it enforceable?
AA temporary restriction placed by NRED on foreclosed properties
BA private limitation on land use recorded in a deed or CC&Rs, enforceable by other affected property owners through court action✓ Correct
CA government-imposed zoning restriction superseding all private agreements
DA restriction automatically removed after 10 years under Nevada law
Explanation
Deed restrictions (also called restrictive covenants) are private land use limitations contained in deeds or CC&Rs. In Nevada, deed restrictions that 'run with the land' (meet the four requirements: intent, touch and concern, privity, and notice) are enforceable by neighboring property owners or the association through injunctive relief or damages. Common restrictions include: no commercial use, minimum home size, architectural standards, and pet limitations. Unconstitutional restrictions (racial restrictions, which are unenforceable since Shelley v. Kraemer) are void even if recorded.
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