68. A seller who has conditioned the sale of a lot on a buyer's agreement to build a house with a minimum of 2,000 square feet will protect their rights through the use of:
Answer: D
A seller will protect their rights through a deed restriction.
A deed restriction is a legal provision that limits the use of the property in a specific way, in this case, by requiring that any house built on the lot must be a minimum of 2,000 square feet.
A) restrictive zoning
Restrictive zoning refers to regulations imposed by local governments that dictate how land can be used, including restrictions on building sizes. However, it is not directly controlled by the seller and does not specifically enforce the condition that a buyer must build a house of a certain size.
B) a conditional approval
A conditional approval is an approval granted by a governing body with specific requirements that must be met. While it can relate to building permits, it does not serve the seller's purpose of ensuring that a buyer builds a house of a specified size as a condition of sale.
C) conditions precedent
Conditions precedent are stipulations that must be fulfilled before a contract becomes enforceable. In this scenario, while it relates to conditions, it is not a formal legal mechanism that the seller can use to enforce the requirement regarding the house size on the property deed.
D) a deed restriction
A deed restriction is the correct option as it is a binding legal obligation that the seller places on the property itself, ensuring that any future construction adheres to the stipulated requirement of a minimum house size of 2,000 square feet.
Conclusion
The use of a deed restriction is the most effective way for the seller to ensure compliance with their specific requirement regarding the construction of a house. Other options fail to provide the same level of enforceability or control over the property as a deed restriction does, making it the definitive choice in this context.