Architect Registration Exam (ARE 5.0) Programming and Analysis (PA) Practice Exam

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What happens under a conditional covenant if the restrictions in the deed are not followed?

The property is sold to a third party

The title reverts to the original owner

In the context of a conditional covenant, a key concept is that if the restrictions outlined in the deed are violated, the consequence typically involves the reversion of the property back to the original owner. This legal mechanism ensures that the original intent of the property use, as established by the covenant, is preserved.

In a conditional covenant, the current owner is obligated to follow specific restrictions; failure to do so can trigger a reversion clause, meaning that the property may revert to the grantor or original owner. This is fundamentally different from more general restrictions, which might allow for a variety of responses, such as legal action or modification of terms.

While legal action might be an option in certain circumstances, the specific consequence in the case of non-compliance with a conditional covenant is the reversion of title to the original owner. This serves to protect the objectives set forth in the covenant, ensuring that the intent behind the property’s use remains intact and under the control of the original grantor.

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The buyer can modify the restrictions

Legal action is taken against the buyer

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