A housing development is subject to a restrictive covenant that prohibits the construction of buildings taller than three stories. Two years after the covenant was established, the local municipality amends its zoning ordinance to permit buildings up to five stories in the area. Which of the following best describes the scope of the restrictive covenant in light of the zoning change?
The restrictive covenant continues to limit building heights to three stories despite the zoning changes.
The restrictive covenant must be modified to comply with the new zoning ordinance.
The restrictive covenant is no longer enforceable because the zoning ordinance allows taller buildings.
The restrictive covenant now permits buildings up to five stories to align with the zoning amendment.
The restrictive covenant remains enforceable and continues to limit building heights to three stories, even though the zoning ordinance now allows taller buildings. Restrictive covenants can impose additional restrictions beyond zoning laws, and they remain in effect unless they are modified or terminated according to their terms.
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What is a restrictive covenant?
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How do restrictive covenants interact with zoning laws?