Question
nnnnDeed restrictions may be terminated in all of the following ways, except:
nnnnSelections
nnnnA. Voluntary cancellation by grantee
nnnnB. Expiration of their prescribed period of duration
nnnnC. Merger of ownership
nnnnD. Quit claim deed from grantor
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Answer: A
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5 Keys Summary
nnnn• Voluntary cancellation by the grantee is generally not a method to terminate a deed restriction, as the grantee is the party burdened by the restriction and lacks the unilateral authority to cancel limitations that may benefit other owners.
nnnn• Deed restrictions are formal limitations on property use, often structured as covenants or conditions, established by private parties (like a developer or grantor) to maintain community standards or property values.
nnnn• Termination of a deed restriction can legally occur through the expiration of their prescribed term of duration, if one was set.
nnnn• Restrictions may also be extinguished through the merger of ownership, which happens if the property burdened by the restriction and the property benefiting from its enforcement come under single ownership.
nnnn• If the original grantor or their successor retains the right to enforce the restriction, that right can be released via a quitclaim deed from the grantor, effectively terminating the restriction.
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