A warranty deed to property states that "No horses or farm animals can be kept on this property." However, the land is zoned ...
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In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agree¬ment to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive covenant. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
“Police Power” is a general term that expresses the fundamental power vested in every state to limit and regulate the exercise of private rights in the interest of public health, public morals, public safety, and the general welfare of the community. A zoning board does not have jurisdiction relating to restrictive covenants. Since zoning laws are passed pursuant to police power, a zoning board has no concern with building or use restrictions created by a private covenant.