Land Use & Zoning
In West Virginia, deed restrictions in a subdivision may be enforced by:
AThe county zoning board only
BThe state government through WV DEP
CAdjacent property owners with standing to enforce the restriction✓ Correct
DOnly the original developer who created the restriction
Explanation
Deed restrictions (restrictive covenants) that benefit an entire subdivision may be enforced by any property owner within the subdivision who can show they were intended as beneficiaries of the restriction. They do not expire when the original developer sells all lots.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
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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