Question

Agnes decides to impose a restrictive covenant (a negative covenant or deed restriction) that will apply to any future owners of the property she currently possesses. Agnes must have_________.

Answer 1

Agnes must be the owner of the property to impose a restrictive covenant, which is a deed restriction that can dictate property usage to future owners but may not enforce discriminatory practices.

Step-by-step explanation:

When Agnes decides to impose a restrictive covenant on her property, she must have the property rights to do so. This legal instrument is attached to the property deed, dictating what a homeowner can or cannot do with their property. Restrictive covenants have historically been used to control property use and can include stipulations like minimum house sizes, setbacks, aesthetic requirements, and sometimes, regrettably, discriminatory exclusions based on ethnicity or religion.

In the context of property law, to impose such a covenant, Agnes must be the owner of the property and will typically establish these covenants at the time of sale to ensure that they bind future owners. After the covenant is created and recorded with the property deed, any future owner of the property will be legally obligated to adhere to its terms unless the covenant is legally removed or expires. Notably, covenants that discriminate based on race or religion are unenforceable and have been found unconstitutional by the U.S. Supreme Court.