Illinois Real Estate Practice Exam

What action can Andrew take if a deed restriction prohibits chain link fences but municipal ordinances do not?

1. He can ignore the deed restriction

2. He can sue the municipality

3. He cannot install the fence as the deed restriction takes precedence

4. He can request the removal of the deed restriction

The correct answer is: He cannot install the fence as the deed restriction takes precedence

The correct action Andrew can take is to recognize that the deed restriction takes precedence over municipal ordinances. Deed restrictions are private agreements or limitations placed on a property by the owner, which remain in effect regardless of any local laws that may allow certain actions. In this case, since the deed restriction specifically prohibits chain link fences, Andrew is bound by that restriction. While municipal ordinances may permit the installation of chain link fences, acknowledging the supremacy of the deed restriction ensures compliance with the terms set forth by previous property owners or associations. This understanding helps maintain the integrity of the property’s intended use and the agreements made by its owners. It is also important to note that ignoring the deed restriction could lead to legal disputes and potential enforcement actions from other affected parties. Therefore, any attempts to act against the restriction could potentially result in more significant complications.