What is a deed restriction and how does it differ from zoning?
Real Estate Exam: Land Use Controls, Zoning, Eminent Domain, Police Power
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A deed restriction, also called a restrictive covenant, is a private limitation on property use imposed by the original developer or a homeowners association, recorded in the deed or subdivision declaration. Zoning is a public, government-imposed regulation. Both limit how property can be used, but they differ in origin, enforcement, and scope. Deed restrictions are enforced by other property owners through civil lawsuits, while zoning is enforced by local government through fines and code enforcement. When deed restrictions and zoning conflict, the more restrictive standard applies.
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