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National curriculum lesson 62 · Land Use

Private Land-Use Controls

Private land-use controls arise from deeds, declarations, covenants, conditions and restrictions, condominium documents, owners association rules, leases, and contracts. They are enforced privately, not created by zoning. When public zoning and a lawful private restriction differ, the owner generally must satisfy both, so the more restrictive result often controls in practice.

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2, 2026. Editorial standards.

What is the exam-ready answer?

Private land-use controls arise from deeds, declarations, covenants, conditions and restrictions, condominium documents, owners association rules, leases, and contracts. They are enforced privately, not created by zoning. When public zoning and a lawful private restriction differ, the owner generally must satisfy both, so the more restrictive result often controls in practice.
Official syllabus mapping for Private Land-Use Controls
Roadmap lesson62 of 500
Official syllabus topicPrivate Land-Use Controls
Official PSI areaLand Use Controls and Regulations
Published area weight5% of the 100-question national portion
Exam portionNational salesperson portion
Source editionPSI Georgia Candidate Information Bulletin dated July 1, 2026
Last verifiedAugust 2, 2026

The Rule

PSI publishes the weight for the complete content area, not a fixed question count for this lesson. Learn the rule well enough to apply it when PSI changes names, numbers, or parties in a new scenario.

Complete lesson

Read each concept as part of one decision system. The exam often gives one accurate statement and three statements that belong to a nearby concept.

Deed restrictions and covenants

Recorded restrictions can limit use, design, leasing, subdivision, or other activity. Whether a covenant runs with land depends on its creation and applicable law.

Association controls

Declarations, bylaws, rules, and architectural standards allocate rights and duties among owners and an association. Different documents can have different authority.

Enforcement

Private parties or associations may seek remedies allowed by the documents and law. Public zoning officials do not automatically enforce private covenants.

Conflict analysis

Zoning permission does not cancel a stricter covenant. A private document also cannot authorize an activity that public law prohibits.

Decision rule

Identify the source of the control, who can enforce it, and whether a separate public rule also applies.

Georgia-specific distinction

Georgia buyers should receive and review the actual recorded covenants and association documents relevant to the property. A licensee can locate and explain transaction facts but should not give a legal opinion that a covenant is valid, expired, waived, or unenforceable.

Worked example

Scenario. Zoning allows duplexes, but a recorded subdivision declaration limits each lot to one detached dwelling.

Reason it through. Government has permitted a broader use, while the private restriction remains a separate limit if enforceable.

Answer. The owner must address both controls and cannot rely on zoning approval alone.

Common exam traps

  • Calling CC&Rs zoning
  • Assuming zoning overrides private restrictions
  • Assuming association rules override statutes
  • Predicting enforceability without document review

Original practice questions with detailed explanations

These questions were written for instruction and mapped to the current outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.

Question 1

Which is a private land-use control?

  1. A. Building code
  2. B. Zoning ordinance
  3. C. Recorded subdivision covenant
  4. D. Floodplain regulation
Show answer and explanation →

Answer: C. Recorded subdivision covenant

A subdivision covenant is created by private recorded documents rather than government police power.

Question 2

Who normally enforces a private covenant?

  1. A. A party with enforcement rights, such as an owner or association
  2. B. The Federal Reserve
  3. C. Every zoning inspector
  4. D. The appraiser
Show answer and explanation →

Answer: A. A party with enforcement rights, such as an owner or association

Enforcement belongs to parties granted rights under the documents and law.

Question 3

If zoning prohibits a use but an HOA rule is silent, may the owner proceed?

  1. A. Yes
  2. B. No
  3. C. Only after an appraisal
  4. D. Only with lender consent
Show answer and explanation →

Answer: B. No

Private silence does not override a public prohibition.

Mastery tracking

Mark this lesson mastered only when every statement is true.

  • State the direct answer and decision rule without notes.
  • Explain every core concept in plain English.
  • Solve the worked example after changing one important fact.
  • Identify the Georgia distinction before reading answer choices.
  • Answer all three questions correctly and reject every distractor.
  • Repeat the topic in mixed practice on a later day.

Recommended next lesson

Continue with Appraisals: Purpose, Process, and Reports. Continue to roadmap lesson 63 and build on this decision rule.

Return to the Land Use Controls and Regulations hub to see every official branch and the complete lesson sequence for this content area.

Private Land-Use Controls questions

Facts checked against the current PSI Candidate Information Bulletin and GREC sources. Last reviewed August 2, 2026. Editorial standards.

Is Private Land-Use Controls on the Georgia real estate exam?

Yes. It belongs to PSI's Land Use Controls and Regulations content area, which is 5% of the 100-question national portion. PSI publishes content-area weights, not a guaranteed question count for this individual lesson.

What is the main rule for Private Land-Use Controls?

Identify the source of the control, who can enforce it, and whether a separate public rule also applies.

What Georgia-specific distinction should I remember?

Georgia buyers should receive and review the actual recorded covenants and association documents relevant to the property. A licensee can locate and explain transaction facts but should not give a legal opinion that a covenant is valid, expired, waived, or unenforceable.

How do I know I have mastered this lesson?

Explain the rule without notes, solve the worked example again with changed facts, answer all original questions correctly, explain every distractor, and repeat mixed practice on a later day.