Property Ownership
A Virginia property is subject to a deed restriction prohibiting commercial use. A subsequent owner wants to open a store. The deed restriction:
AIs automatically void after 30 years in Virginia
BRuns with the land and binds all subsequent owners if properly recorded✓ Correct
CCan be removed by the current owner unilaterally
DOnly applies to the original buyer
Explanation
Restrictive covenants that run with the land are binding on all subsequent owners as long as they are properly recorded, touch and concern the land, and the original parties intended them to run.
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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).
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Deed of TrustA security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.
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