Before you read
Test yourself first: 5 questions
Question 1 of 5
Which of the following is an encumbrance on a property?
Answer: A. An encumbrance is any claim or restriction that affects title or use — liens (mortgage, tax), easements, and deed restrictions all qualify.
Question 2 of 5
Private restrictions on land use imposed by a developer that run with the land in a subdivision are commonly called:
Answer: B. CC&Rs are private deed restrictions, typically recorded by a developer, that run with the land and govern use within a subdivision; they are private controls, not government regulations.
Question 3 of 5
The most complete form of private ownership, carrying the full bundle of rights, is:
Answer: A. Fee simple absolute is the highest, most complete ownership — indefinite duration and the full bundle of rights, subject only to government powers (PETE) and private restrictions.
Question 4 of 5
Private restrictions on land use recorded in a subdivision's documents are called:
Answer: A. CC&Rs (covenants, conditions & restrictions) are PRIVATE restrictions recorded by a developer/HOA. Zoning and building codes are PUBLIC (police power).
Question 5 of 5
Which document in a condominium development typically establishes the rules, restrictions, and obligations binding all unit owners and the owners' association?
Answer: B. Condominiums are governed by the recorded declaration (CC&Rs) and the association's bylaws, which set out owner obligations, use restrictions, and how the common-interest community is run.
Keep the streak going with more questions like these, each with a full rationale.
What you need to know
They 'run with the land,' binding every future owner, and are enforced by other owners or the HOA through injunction — not by the government. A restriction that violates law or public policy (like a racial covenant) is void and unenforceable. When a deed restriction is MORE restrictive than zoning, the more restrictive rule effectively governs what the owner can do. Long-ignored restrictions can be lost through abandonment or laches (sleeping on your rights).
Deed Restrictions & CC&Rs: FAQs
Is Deed Restrictions & CC&Rs on the real estate exam?
Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
