Land Use & Zoning
A West Virginia property owner's land is subject to a deed restriction prohibiting commercial use. A subsequent buyer of the property:
AIs not bound by the restriction since they did not sign it
BIs bound by the restriction because it runs with the land✓ Correct
CMay remove the restriction by recording a new deed
DOnly needs to comply if the restriction was recorded in the last 10 years
Explanation
Deed restrictions (restrictive covenants) that run with the land are binding on all subsequent owners of the property, regardless of whether they personally agreed to them, as long as they had notice.
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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).
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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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.
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