Escrow & Title
A Washington title company discovers an old deed restriction from 1962 that limits the property to residential use only. The restriction has been violated for the past 15 years by the current owner who operates a small business from home. Can the restriction be enforced?
ANo, because it is too old to enforce
BPossibly yes, by any property owner in the neighborhood who has standing under the restriction and acts within the applicable statute of limitations✓ Correct
CNo, because the violation over 15 years has waived enforcement
DOnly by the original grantor who created the restriction
Explanation
Deed restrictions can be enforced by parties who have standing under the restriction (typically, other lot owners in the subdivision or the original grantor's successors). The ability to enforce may be limited by laches or waiver if enforcement has been long delayed, but the restriction does not automatically become unenforceable simply because of age.
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