1. A buyer purchased a lot in a new subdivision in which outbuildings were prohibited by a zoning ordinance. The deed also included a restriction forbidding outbuildings. Two years later, the zoning ordinances changed to allow portable storage sheds in the subdivision. Can the buyer legally install a storage shed on the lot?
Answer: A
No, because the more restrictive private restrictions or zoning ordinances always takes precedence.
The buyer cannot legally install a storage shed on the lot because the existing deed restriction forbidding outbuildings takes precedence over the newly amended zoning ordinance that allows portable storage sheds.
A) No, because the more restrictive private restrictions or zoning ordinances always takes precedence.
This option is correct as it highlights the principle that private restrictions, such as those stated in a deed, are generally more stringent than zoning ordinances. Since the deed explicitly prohibits outbuildings, the buyer must adhere to this restriction, regardless of the change in zoning laws.
B) No, because the zoning ordinance changed after Perkins had purchased the lot.
This option is incorrect because the timing of the zoning ordinance change is irrelevant. The buyer is still bound by the existing deed restriction, which was in place at the time of purchase. The change in zoning does not invalidate or override the private restriction.
C) Yes, because a deed restriction cannot be more restrictive than a zoning ordinance.
This option is incorrect as it misinterprets the relationship between zoning ordinances and deed restrictions. In fact, deed restrictions can impose stricter limitations than zoning ordinances, which means the buyer must comply with the more restrictive deed provision.
D) Yes, because zoning ordinances always take precedence over private restrictions.
This option is incorrect because it incorrectly asserts that zoning ordinances prevail over private restrictions. In real estate law, private restrictions like those in a deed can be more restrictive and must be followed, regardless of changes in zoning ordinances.
Conclusion
The correct answer reflects the legal principle that private restrictions take precedence over zoning ordinances. The buyer's deed restriction explicitly forbidding outbuildings remains in effect despite the change in the zoning ordinance, thus prohibiting the installation of a storage shed on the lot. All other options fail to recognize this critical aspect of property law, leading to their incorrect conclusions.