PSI New Jersey Real Estate State Practice Exam

Can Jones take action to enforce the deed restriction against Halstead for keeping a Shetland pony?

1. No, because it is a minor infraction

2. Yes, if the homeowners association permit is not obtained

3. Yes, because he can force any other property owner in the subdivision to comply

4. No, because this does not affect property values

The correct answer is: Yes, because he can force any other property owner in the subdivision to comply

The correct answer is based on the principle that deed restrictions are binding legal agreements that apply to all property owners within a specified subdivision or community. When a property owner, such as Jones, seeks to enforce a deed restriction, they are acting on behalf of the collective interests of the subdivision to maintain a uniform standard of property use and appearance, which can affect the overall desirability and value of the neighborhood. In this scenario, if Halstead is violating a deed restriction by keeping a Shetland pony, Jones has the right to take action against Halstead to ensure compliance. This is because deed restrictions are designed to protect the interests of all property owners within the community, and enforcing such restrictions helps uphold the intended character of the neighborhood. Enforcement of deed restrictions is necessary to ensure that all homeowners follow the same rules, contributing to community standards and property values. Therefore, Jones can indeed enforce the restriction against Halstead, reinforcing the idea that compliance is not optional and that all community members share in the responsibility of adhering to these covenants.