Escrow & Title
A NH property encumbered by a restrictive covenant limiting use to residential purposes can be freed from this restriction by:
AA simple request to the county registry
BAgreement of all benefited property owners, a court order, or if the restriction has become unenforceable✓ Correct
CThe current owner simply ignoring the restriction for 5 years
DFiling a variance with the ZBA
Explanation
Removing a deed restriction typically requires agreement of all parties for whose benefit the restriction was created, a court finding that it is unenforceable (changed conditions, lack of enforcement), or in some cases legislative action.
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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).
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
Purchase AgreementA legally binding contract between a buyer and seller that outlines the terms and conditions of a real estate sale.
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