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.
Topic 8.3 Check-In
Neighborhood Rules
Choose the best answer for each question, then select Check Answers.
What is the main purpose of a deed restriction?
Deed restrictions are used to preserve property values and quality.
How are private land use restrictions enforced?
Private restrictions are enforced through civil courts.
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