Can I legally purchase my neighbors property (2 of 3 acres) and transfer title if he has a deed restriction of 3 acre minimum?

Asked almost 2 years ago - Seagoville, TX

Recently I moved to a new home out in the country where I have a 3 acre plot of land. Soon after I took note that there was some land next to mine that was not being used and I inquired to find out whether or not the owner may have an interest in selling. Upon asking the owner he divulged to me that he would be interested but for a deed restriction that required a minimum 3 acre lot. I called my title company and they sent me a copy of the deed. It does state 3 acre minimum. The deed has an initial 20 year term with 10 year auto renewal. The owner later approached me and said that he would be willing to entertain an offer for the property. This is a good time to buy. Can I purchase this property lawfully? I see that my neighbors and the deed are the governing body. There is no HOA

Attorney answers (3)

  1. 5

    Lawyers agree

    Answered . You can void most deed restrictions with the consent of all interested parties, which would likely include your neighbors. Have you asked them if they would consent to the subdivision and transfer?

    In the short term, while you work out the deed restriction issue, you could always get the neighbor to grant you an exclusive easement over the land along with a contract to sell the land to you when you resolve the legal issues. That would give you an enforceable property right with regard to the land now, and time to figure it out.

  2. 4

    Lawyers agree


    Answered . Your neighbors would enforce the restriction. If you bought the 2 acres, and your existing property is contiguous, then most likely you have more than three acres required. If your neighbor would be left with less than three acres, then that property would be in violation of the restrictions.

  3. 1

    Lawyer agrees

    Answered . Yes, you should be able to do this. However, I suggest taking your purchase agreement and the deed (and any other relevant documents) to an attorney with real estate experience so they can review the particulars prior to your signing.

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