PSI New Jersey Real Estate State Practice Exam

The enforcement of a property owner's deed restrictions is primarily dependent on the restrictions being made public and included in the deed. This is because once deed restrictions are recorded with the county, they become part of the public record, allowing anyone who is interested in the property to be aware of these restrictions.

When restrictions are included in the deed, they are legally binding on future owners of the property, creating an enforceable obligation for adherence. This is essential for maintaining the intended use, cultural significance, or community standards that the original property owner had in mind when establishing those restrictions.

In contrast, if deed restrictions violate local zoning laws, they lack the legal standing necessary for enforcement, as zoning regulations take precedence. If they are not recorded, they may not be enforceable because potential buyers would not have access to that information. Similarly, a deed restriction signed only by the developer without proper recording or inclusion in the deed does not guarantee enforceability against subsequent purchasers. Therefore, making the restrictions public and including them in the deed is crucial for their enforcement.