Question

Private restrictions on use can include

Selections

A. Deed restrictions

B. Easements and rights of way

C. Leases and mortgage notes

D. All of the above

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Answer: A

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5 Keys Summary

1. Deed restrictions are the most direct form of private limitations placed on property usage, often set by developers or previous owners to maintain community standards.

2. These restrictions commonly appear as Covenants, Conditions, and Restrictions (CC&Rs) recorded against all lots within a new subdivision to control aspects like building size or design.

3. Easements and rights of way are considered non-financial encumbrances because they grant a limited right for a third party (like a neighbor or utility) to use a specific portion of the land, rather than defining the owner’s overall use of the property.

4. A lease is a temporary contractual arrangement granting a tenant possession rights, and a mortgage note is a financial instrument securing a lien, neither of which is categorized as a private restriction on property use.

5. All these items (Deed restrictions, Easements, Leases, and Mortgages) are technically considered encumbrances—non-possessory interests that burden the property’s title—but only deed restrictions specifically function as private limitations on use.

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