Land Use & Zoning
A West Virginia property with a deed restriction that was recorded 50 years ago and has never been enforced may be:
AAutomatically expired because deed restrictions lapse after 25 years
BStill enforceable if the restriction has not been released and courts have not found it abandoned✓ Correct
CUnenforceable due to laches if neighboring owners have ignored it
DSubject to renewal only by the original grantor
Explanation
In West Virginia, deed restrictions do not automatically expire unless they contain a time limit. Unenforced restrictions may still be legally valid, though courts may refuse enforcement if laches (unreasonable delay) is established by the opposing party.
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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.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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