Crucial Exams

Multistate Bar Examination Practice Question

XYZ Homes developed a residential neighborhood and included a restrictive covenant in the deeds of all lots, prohibiting the construction of structures taller than one story. Sarah purchases a lot and decides to build a two-story garage. The neighborhood association seeks to enforce the covenant. Under typical circumstances, which of the following is most likely outcome?

  • The neighborhood association can enforce the covenant because it was properly created and runs with the land.

  • The covenant is unenforceable because it restricts Sarah's property rights beyond what is necessary.

  • Sarah can legally build the two-story garage because the covenant restricts initial construction, not future modifications.

  • Sarah can build the garage if she obtains consent from a majority of the residents, in light of the original covenant.

Multistate Bar Examination
Real Property
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