8.3 Private Land Use Control

Private Land Use Control

Private parties can regulate land use through deed restrictions, declaration restrictions, deed conditions, and HOA regulations.

• Deed restriction: Limits property use (e.g., minimum house size, setbacks, use restrictions). Cannot discriminate by race, religion, marital status, or gender.
• Declaration restriction: Found in subdivision, PUD, or condo declarations—enforceable like a deed restriction but not extinguished by quitclaim deed.
• Deed condition: Restricts use; violation allows grantor to reclaim the property.
• HOA regulation: Homeowners’ associations set rules (fees, pets, rentals, maintenance, parking, noise, insurance) via CC&Rs and bylaws. Rules must not conflict with law or homeowner rights.

Enforcement: Private restrictions are enforced by court injunctions. Prolonged violations may forfeit the right to enforce.

Check-In Questions

• What is the main purpose of a deed restriction?
  To limit or control property use
  To transfer title automatically
  To set property taxes
  To allow any use desired
  Show Answer

  Correct Answer: To limit or control property use
  Deed restrictions are used to preserve property values and quality.
• How are private land use restrictions enforced?
  By court injunction
  By police power
  By zoning board
  By tax assessment
  Show Answer

  Correct Answer: By court injunction
  Private restrictions are enforced through civil courts.