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.
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
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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