Question 9

Yes, because the restriction does not violate public policy.

The restriction imposed by the developer to limit the land to single-family residential use is legal as it aligns with public policy objectives that promote orderly development and protect the character of residential neighborhoods.

A) Yes, because the property is agricultural.

This option is incorrect because the legality of the restriction is not solely based on the agricultural nature of the property. Agricultural land can be subject to zoning and subdivision regulations, and a developer's right to impose restrictions depends on compliance with applicable laws rather than the current use of the land.

B) Yes, because the restriction does not violate public policy.

This is the correct answer, as the restriction to single-family residential use is consistent with public policy goals, such as promoting residential development and preventing incompatible land uses. Such restrictions are commonly upheld in zoning regulations to maintain community standards and property values.

C) No, because private restrictions cannot be placed upon rural land use.

This option is incorrect because private restrictions can indeed be placed on rural land use as long as they comply with legal standards and public policy. Developers have the right to establish conditions on land development as long as they are lawful and do not infringe on broader public interests.

D) No, because a developer can acquire an injunction against any private deed restriction on urban or rural land.

This statement is misleading. A developer cannot generally acquire an injunction against a valid private deed restriction unless it can be shown that the restriction is illegal or violates public policy. In this case, the restriction is legal, making this option incorrect.

Conclusion

The restriction to single-family residential use is lawful as it adheres to public policy, which supports the establishment of residential communities. All other options fail to recognize the legal framework that allows developers to impose such restrictions, emphasizing that the development of land must align with community planning and zoning objectives.