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The subdivision in which Green lives has a restrictive covenant prohibiting the erection of any fence beyond the front corners of the dwelling house. Green erected a chain link fence which completely enclosed his front yard. Can he be forced to remove the fence?

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Final answer:

Green could potentially be forced to remove his front yard fence if it violates his subdivision's restrictive covenant and enforcement action is taken. Restrictive covenants bind homeowners to specific property use rules, and legal remedies can ensure compliance.

Step-by-step explanation:

Whether Green can be forced to remove the chain link fence that completely encloses his front yard depends on the enforcement of the restrictive covenant present in his property's deed. Restrictive covenants are legal obligations written into property deeds that dictate what a homeowner can and cannot do with their property, often to maintain a certain aesthetic or standard within a neighborhood.

Within these covenants, specific prohibitions can include limitations on erecting fences, establishing minimum house sizes, and preserving historical features. Since Green's fence extends beyond the front corners of his dwelling, violating the subdivision's covenant, his homeowners' association or other affected parties may seek legal action to enforce the covenant, which could result in Green being required to remove the fence. Enforcement may vary depending on the jurisdictions' consideration of such covenants, but commonly, when a covenant's violation occurs, legal mechanisms exist to compel a homeowner to comply with the agreed-upon restrictions.

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