Property Ownership
A Pennsylvania homeowner's property is subject to a private deed restriction prohibiting business use. A later municipal zoning ordinance permits business use in the area. Which controls?
AThe zoning ordinance overrides the deed restriction
BThe deed restriction remains enforceable by neighboring benefited property owners despite the changed zoning✓ Correct
CThe deed restriction automatically expires when zoning changes
DPREC determines which standard applies
Explanation
Private deed restrictions and public zoning regulations are separate legal systems. A zoning change does not void an existing private deed restriction.
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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.
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.
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