Exam New-Jersey-Real-Estate-Salesperson Topic 1 Question 72 Discussion

Actual exam question for Real Estate's New-Jersey-Real-Estate-Salesperson exam
Question #: 72
Topic #: 1
A buyer who is purchasing a property intends to build a chain link fence in the backyard. There is a 12-year- old deed restriction that prohibits chain link fences. The licensee finds out that there are no city codes prohibiting chain link fences. Which of the following statements regarding this situation is true?

Suggested Answer: D Vote an answer

Deed restrictions (restrictive covenants) are private controls that can impose stricter requirements than local zoning or codes.
The general rule: the more restrictive regulation prevails (whether deed restriction or zoning).
Deed restrictions do not automatically expire after 10 years unless the restriction itself specifies an expiration.
Since zoning allows fences but the deed restriction prohibits chain link fences, the restriction takes precedence.
Correct answer = D.
Reference: NJ Real Estate Salesperson Study Guide, Chapter on Land Use, Zoning, and Private Restrictions.

by Sibyl at Sep 03, 2026, 05:08 PM

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