National Real Estate Exam (PSI)Land Use Controls and RegulationsEasy
A subdivision's recorded deed restrictions limit lots to single-family homes only. The local zoning ordinance, however, permits duplexes in that same area. A buyer wants to build a duplex. Which restriction controls?
- ANeither applies since they conflict with each other
- BThe zoning ordinance, because public law always overrides private agreements
- CThe deed restriction, because the stricter of the two controls
- DThe buyer may choose whichever restriction they prefer
Show answer & explanationAnswer & explanation
Correct answer: C. The deed restriction, because the stricter of the two controls
When zoning and private deed restrictions conflict, the more restrictive of the two generally governs. Here the deed restriction limiting the lot to single-family use is stricter than the zoning allowance for duplexes, so it controls.
Why the other options are wrong
- A. They don't cancel each other out; the stricter rule still applies.
- B. Zoning sets a minimum standard but does not override stricter private restrictions.
- D. Property owners cannot simply pick the less restrictive rule.
Stricter Rule Controls
When zoning ordinances and private deed restrictions conflict, the more restrictive requirement generally governs the use of the property.
- Zoning sets minimum public standards
- Deed restrictions are private agreements that can be more restrictive
- The stricter of the two applicable rules usually controls
Memory trick: Whichever rule ties your hands tighter wins.