Maine Real Estate License Practice Exam

What must be true for restrictive covenants in a deed?

1. Revocable

2. Must be consistent with current Federal Fair Housing laws

3. Must be consistent with zoning

4. Must be less strict than current zoning

The correct answer is: Must be consistent with zoning

Restrictive covenants in a deed are conditions placed on the use of the property by the grantor and are meant to maintain certain standards or restrictions in a neighborhood. For a restrictive covenant to be valid, it must align with current zoning laws. Zoning laws are established by local governments to regulate land use, and the restrictive covenants should not contradict these regulations. When restrictive covenants are consistent with zoning laws, they can enforce limitative measures that ensure the intended character of a community is preserved. This means that a deed covenant can impose limits on property usage, such as prohibiting certain types of structures or businesses, as long as they align with zoning restrictions. Other options, while they may address important considerations, do not particularly relate to the fundamental nature of how restrictive covenants should operate within legal frameworks. For instance, restrictive covenants are typically not revocable by just one party; they are enforceable as long as they adhere to legal standards and community agreements. Additionally, while covenants must respect Federal Fair Housing laws, this is generally more about preventing discrimination than ensuring the covenants themselves are valid. Lastly, a covenant being less strict than current zoning is irrelevant since covenants can be stricter than zoning laws, but not less,