Ownership and Land Use, 15% of the examination

Covenants, conditions, and restrictions (CC&Rs)

Recorded private restrictions governing the use of land, often within a subdivision or common interest development.

CC&Rs are private controls, not zoning. They can regulate use, design, maintenance, and common obligations, but an unlawful discriminatory covenant is unenforceable. When public zoning and a valid private restriction differ, the owner must comply with both, which means the more restrictive rule controls the proposed use.

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A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use · 15%Private Controls

A CC&R prohibits fences over four feet. The zoning ordinance permits six feet. Which controls?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

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Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

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Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practice Ownership and Land Use30 questions on this area, every option explained.Practice

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