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Yes. A seller can place a restriction in the deed. Those matters should be thoroughly discussed prior to the purchase. For example, a church may vote to sell some vacant land that is zoned for commercial development and place a restriction in the deed that the property cannot be used to build an establishment that serves alcohol. The deed may go on to say the restriction is intended to benefit the remaining land of the grantor. By accepting the deed, the buyer fully acknowledges and agrees to that restriction. The new owner cannot remove the restriction except by a court order. The owner would need to take the matter to court and provide compelling evidence. The deed is binding excepting if and when a court rules the restriction is not legal.

A buyer should make certain the understand the terms of the purchase before they buy land that has restricted use. You should consult with an attorney who can review the situation and explain your options.

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Q: Can an owner of commercial property add a deed restriction prohibiting a specific profession from renting or purchasing the property and can this be changed with a new owner?
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