Land Use & Zoning
In West Virginia, a 'covenant running with the land' that restricts a subdivision to residential use only may be enforced by:
AThe state WVREC for 10 years only
BAny lot owner in the subdivision who benefits from the restriction, even against future owners✓ Correct
COnly the original developer who created the restriction
DThe county zoning board as an extension of zoning law
Explanation
Restrictive covenants that 'run with the land' bind all subsequent owners of the burdened parcels and may be enforced by any benefited property owner in the subdivision. The right to enforce is not limited to the original developer or the current generation of owners.
Related West Virginia Land Use & Zoning Questions
- In West Virginia, the West Virginia Land Use Planning Act establishes the framework for:
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- In West Virginia, which zoning designation typically allows both residential and commercial uses in the same area?
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- In West Virginia, which of the following is an example of 'transferable development rights' (TDR)?
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- A West Virginia property owner is granted the right to use their property in a way not normally permitted by the current zoning, due to unique hardship. This is called a:
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