XYZ Homes developed a residential neighborhood and included a restrictive covenant in the deeds of all lots, prohibiting the construction of structures taller than one story. Sarah purchases a lot and decides to build a two-story garage. The neighborhood association seeks to enforce the covenant. Under typical circumstances, which of the following is most likely outcome?
The neighborhood association can enforce the covenant because it was properly created and runs with the land.
The covenant is unenforceable because it restricts Sarah's property rights beyond what is necessary.
Sarah can build the garage if she obtains consent from a majority of the residents, in light of the original covenant.
Sarah can legally build the two-story garage because the covenant restricts initial construction, not future modifications.
The neighborhood association can enforce the restrictive covenant because it was properly created and runs with the land, binding future owners. Sarah's construction of a two-story garage violates the covenant, making the association's enforcement action appropriate.
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What does it mean for a covenant to 'run with the land'?
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What are restrictive covenants and how do they work?
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What role does consent from other residents play in enforcing a covenant?