California Real Estate Practice Exam

What happens when there are conflicts between local zoning restrictions and private restrictions contained within the deed?

1. Since they are in conflict, the earlier restriction would prevail.

2. The deed restrictions would prevail.

3. The more restrictive of the two (deed vs. zoning) requirements would prevail.

4. The zoning restrictions would prevail.

The correct answer is: Since they are in conflict, the earlier restriction would prevail.

In the situation where there are conflicts between local zoning restrictions and private restrictions contained within a deed, the correct understanding is that the more restrictive of the two requirements typically prevails. This principle is applied to ensure that the intention behind private restrictions—meant to protect a specific property or neighborhood—is upheld while also adhering to local governance. When evaluating the relationship between local zoning laws and deed restrictions, if a deed restriction imposes stricter limitations than local zoning laws, then the deed restriction would prevail. This is because private restrictions usually reflect the preferences and agreements of individual property owners, while zoning laws are more general and aimed at regulating land use for the broader community. Conversely, if local zoning laws are stricter than the deed restrictions, then those zoning laws will take precedence. This reflects the authority of local governments to set regulations in the interest of public welfare. Therefore, option C, which states that the more restrictive requirement prevails, is the most accurate understanding of how these conflicts are resolved. This relationship helps homeowners and those interested in real estate to navigate potential conflicts between local ordinances and private property agreements effectively.