36. A buyer who is purchasing a property intends to build a chain link fence in the backyard. There is a 12-year-old deed restriction that prohibits chain link fences. The licensee finds out that there are no city codes prohibiting chain link fences. Which of the following statements regarding this situation is true?
Answer: D
This deed restriction is more restrictive and will, therefore, take precedence.
In this situation, the existing deed restriction, which prohibits chain link fences, is more restrictive than the absence of any city code prohibiting such fences. Therefore, the deed restriction remains in effect and must be adhered to by the buyer.
A) City code always takes priority over deed restrictions.
This statement is incorrect because while city codes can influence property use, deed restrictions are private agreements that can impose stricter standards than local laws. In this case, the deed restriction explicitly prohibits chain link fences, thus taking precedence.
B) This city code takes priority because deed restrictions expire 10 years after a subdivision is developed.
This option is also incorrect. There is no standard rule that all deed restrictions expire after ten years; rather, it depends on the specific terms outlined in the deed. Additionally, the deed restriction in question is still valid and prohibits chain link fences.
C) Deed restrictions always take priority over city codes.
While this statement has some truth, it is not entirely accurate. Deed restrictions typically take precedence when they are more restrictive than local codes. However, this option does not address the specific situation in which the deed restriction directly contradicts the absence of a code, making it less precise.
D) This deed restriction is more restrictive and will, therefore, take precedence.
This statement is correct. The deed restriction explicitly prohibits chain link fences, making it more restrictive than the lack of city codes. Therefore, the buyer must comply with the deed restriction when considering building a fence.
Conclusion
The correct answer, D, accurately reflects the legal standing of deed restrictions in relation to city codes. Deed restrictions serve to maintain specific standards within a community, and in this case, the existing restriction on chain link fences must be followed, regardless of the absence of city codes. Options A, B, and C fail to recognize the validity and enforceability of the deed restriction in this context.