Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipMedium
A developer is planning a new residential community and wants to ensure that all homes maintain a consistent aesthetic and minimum size. They include specific clauses in the deeds for each lot, limiting the type of fencing and requiring architectural review for exterior modifications. What legal mechanism is the developer primarily employing to achieve these goals?
- AEasement in gross
- BEminent domain
- CZoning ordinances
- DRestrictive covenants
Show answer & explanationAnswer & explanation
Correct answer: D. Restrictive covenants
Restrictive covenants are private agreements that limit the use of real property, often found in subdivision declarations. They are used by developers to maintain property values and aesthetics within a community.
Why the other options are wrong
- A. An easement in gross grants a right to use land to an individual or entity, not tied to ownership of an adjacent parcel, and doesn't regulate aesthetics.
- B. Eminent domain is the government's right to take private property for public use with just compensation, irrelevant to this scenario.
- C. Zoning ordinances are public land-use controls enacted by government, not private agreements included in deeds by developers.
Restrictive Covenants
Private agreements, usually written into deeds or subdivision declarations, that limit the use of real property, often to maintain property values and aesthetics.
- Private, not governmental, restrictions.
- Often called deed restrictions or CC&Rs (Covenants, Conditions, and Restrictions).
- Enforceable by homeowners' associations or other property owners.
Memory trick: COVENANTS CONTROL what you can do on your property.