Houston, TX asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas

Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a commercial business on the property, what do we need to do, if anything? Can an individual enforce such restrictions? BTW, there are other businesses on the same road very nearby.

2 Lawyer Answers
Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Real Estate Law Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Real Estate Law Lawyer
  • Tallahassee, FL

A: It appears you are confusing deed restrictions with zoning restrictions. Deed restrictions like the one you mention can be cured--by the seller; however, if the land is not ZONED for businesses (ask the local zoning authority) changing the deed will not work.

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