Question

Owner A owns 10 acres on which there is a deed restriction prohibiting subdivision of the land into smaller parcels. The local zoning permits homes to be built on parcels of 2 acres or more. Which of the following is true?

Option 1: Owner A can subdivide the land into smaller parcels.
Option 2: Owner A cannot subdivide the land into smaller parcels.
Option 3: Owner A can only build a single home on the 10-acre land.
Option 4: Owner A can sell the land to multiple buyers.

Answer 1

Owner A cannot subdivide the land into smaller parcels due to a restrictive covenant. Local zoning laws are secondary to these deed restrictions, and the land must be sold as a single parcel if Owner A decides to sell.

Step-by-step explanation:

Owner A cannot subdivide the land into smaller parcels due to the deed restriction prohibiting subdivision of the land. Even though the local zoning laws would permit homes to be built on parcels of 2 acres or more, the deed restriction takes precedence over the local zoning laws. This restriction is an example of a restrictive covenant, which is a provision in a deed limiting the use of the property and prohibiting certain uses. It's important to note that Owner A can still sell the land, however, it would have to be sold as a single, undivided parcel rather than in parts. When it comes to the number of homes that can be built on the property, local zoning laws would apply as long as they don't conflict with any existing deed restrictions.

Zoning regulations commonly divide a municipality into residential, commercial, and industrial districts, and within these districts, detailed restrictions can include minimum lot areas, and the number and types of dwellings allowed. Even though the area might be zoned for residential use, the deed restrictions override these regulations. Thus, potential buyers must be aware of both government zoning and non-governmental restrictions such as easements and restrictive covenants before purchasing or developing land.