Final answer:
When there is a conflict, lawful deed restrictions generally take precedence over zoning laws, meaning a property's use must adhere to the more restrictive deed covenants if they are legally valid and not against public policy.
Step-by-step explanation:
If zoning laws permit a use of property that is prohibited by a lawful deed restriction, the property remains subject to the deed restriction. This is because deed restrictions are private agreements that are binding on the land. While zoning laws are a form of public land-use regulation designed to promote the general welfare, deed restrictions are private contractual obligations that are generally enforced by the parties to the deed or their successors in interest. In the event of a conflict between zoning and restrictive covenants, the more restrictive regulation typically controls, meaning the property’s use must conform to the deed restriction as long as it is lawful and not contrary to public policy.
Challenging a restrictive covenant may require legal proceedings where a court must balance the covenant's enforceability against current land-use policies and broader societal interest. Cases such as Buchanan v. Warley have shown that restrictions based on race or ethnicity are unenforceable as they violate constitutional rights. However, non-discriminatory covenants that impose limits on land use, such as building appearance or size, can remain enforceable even in the face of permissive zoning laws.