National Real Estate Exam (PSI)Land Use Controls and RegulationsMedium
A homeowner in a subdivision governed by recorded restrictive covenants builds a fence that violates the height limit stated in the covenants. The local government has no zoning rule about fence height. Who has the legal standing to enforce the covenant?
- ANo one, since covenants are unenforceable without a matching zoning law
- BOther property owners within the subdivision, through private legal action
- COnly the city building inspector
- DThe state real estate commission
Show answer & explanationAnswer & explanation
Correct answer: B. Other property owners within the subdivision, through private legal action
Deed restrictions and covenants are private agreements enforced through civil action, typically by other owners in the subdivision or a homeowners' association, usually seeking an injunction. Government zoning agencies do not enforce private covenants.
Why the other options are wrong
- A. Covenants are independently enforceable through the courts regardless of zoning.
- C. Building inspectors enforce public building codes and zoning, not private deed covenants.
- D. The real estate commission regulates licensees, not private property covenant disputes.
Enforcement of Deed Restrictions
Deed restrictions (covenants) are private agreements enforced by affected property owners or associations through civil lawsuits, typically seeking an injunction, not by government zoning authorities.
- Enforced privately, not by government zoning departments
- Typically enforced via injunction in civil court
- HOAs often have specific enforcement authority in the covenants
Memory trick: Covenants are neighbor-to-neighbor business, not city business.