Erika Rae Albert, Austin Real Estate Expert, Exceeding Expectations in Every Transaction (E*Rae Real Estate Group- Brokered by eXp Realty LLC)

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Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Caroline gave a great answer. On the face deed restrictions run with the properties so it's unlikely that they can be changed. Can they be modified? That depends on the governing body. Do agents talk out of their posteriors when describing their listings? All the time.

Jun 19, 2017 05:25 PM
Rainmaker
758,322
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Too many agents make false claims about what they think properties can be used for, yet most of the time they have no evidence to back up their claims. Consult an attorney about the possibility of making changes.

Jun 19, 2017 04:48 PM
Rainer
243,424
Caroline Gerardo
CMG Financial - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Conditional Use Permit issued from the county planning department would allow commercial use. What is zoning on the neighbor properties? for example: you want to put a bar on subject lot and there's a church or school nearby- going to have people show up and object, and planning will go with status quo. There's a fee to apply, public notice, public hearing and process - buyer maybe not allowed to run a maybe question through the system. Go to planning desk and ask ( bring plat map, prelim and plans)  They will look at size of lot or the type use you want and what is existing- (you need to have same setbacks and height restrictions of neighbors or people whose views you block are going to fight.)  There are specialists, call them lobbyists who wink wink negotiate with the neighbors before the hearing process-  a big developer or connected attorney can recommend the expert who has gotten the difficult CUP's approved

Jun 19, 2017 04:26 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Sounds like a question for a Very Good Attny.

Jun 19, 2017 04:10 PM
Rainmaker
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Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Great question for a real estate attorney.

Jun 19, 2017 04:07 PM
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I would check with a real estate attorney on that

Jun 19, 2017 04:54 PM
Rainmaker
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Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

I would definitely recommend an attorney..beyond your scope as an agent.

Jun 19, 2017 04:30 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Many restrictions have an expiration date where they no longer are valid. Have you checked that?

Jun 19, 2017 07:30 PM
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Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 You absolutely must see a real estate attorney; get a written opinion. 

     If the covenants were never enforced, or exceptions were made, or the HOA became "defunct", any deed restrictions might be declared by a judge to be null and void.  

   But again, let an Attorney make that finding.

  As for the Listing Agent, if there are enforceable restrictions like that in place, that agent could be setting themselves up for a civil suit based upon misrepresentation.

Jun 19, 2017 05:47 PM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The only person i woudl want answering that i would listen to is a local real estate lawyer. 

Jun 19, 2017 05:30 PM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

ask a real estate attorney that question....

Jun 19, 2017 05:21 PM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Erika,

This is the purview of a real estate attorney.  

Jun 19, 2017 05:20 PM
Rainmaker
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Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Title Attorney and/or Title Officer needs to answer this question for you, and possible with help from city/county zoning & development. Sorry I can't help. -Kasey

Jun 19, 2017 05:04 PM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

An atty is needed on this one and I would have to say that with the agreement of all parties I don't see why not, but again it is a legal issue that needs careful consideration and professional help

Jun 19, 2017 04:50 PM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Look at the documents to see the requirements for changes.

Jun 19, 2017 04:47 PM
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Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I certainly can't... but this is really a question for an attorney.

Jun 20, 2017 04:00 AM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Erika Albert - this is more of an attorney question....

Jun 19, 2017 10:59 PM
Rainmaker
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Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Suggest you contact title officer. I believe it is a NO w/o spending lots of lots search fees.

Jun 19, 2017 08:46 PM
Rainmaker
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Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

Yes, it can be changed, but it is very difficult. If the agent can not provide you any documents proving his claim, I agree with Jeff Pearl that this agent is clueless. More than than this agent might be exposing him/herself into a huge legal trouble just assuming wanna-be things. 

Jun 19, 2017 07:28 PM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

You need a good real estate attorney.

Jun 19, 2017 05:22 PM
Rainmaker
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

You need a local real estate attorney to get the correct answer. You might start at the title company who issued the commitment.

Jun 19, 2017 05:17 PM
Rainmaker
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Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

In the early 1930's Los Angeles, people would put in deeds that no one other than the white race could buy this home and it held until deemed illegal. I know we can put in a restriction but how to take one out? Good question

Jun 19, 2017 05:16 PM
Rainmaker
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Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Sounds like a title problem in the making

Jun 24, 2017 07:38 PM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Our title company does this.

Jun 22, 2017 09:34 AM
Rainmaker
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Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

I'm with Caroline. First off, who created the CCRs and who enforces them if there is no HOA? Second, there could have been changes made over the years. Have you talked to the listing agent to see if they already have the answer?

Jun 21, 2017 05:17 AM
Rainmaker
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Paul Antonelli
Antonelli Realty - Saint Cloud, FL
Broker Owner; Antonelli Realty

Check with the county office and maybe you could apply for a variance.

Jun 21, 2017 01:39 AM
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask an expert

Jun 20, 2017 11:21 AM
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I've learned over the years to take what agents say with a shaker of salt.  A big, Costco sized shaker of salt.  As to what can and cannot be done in the great state of Texas, that's best left to a Texas real estate attorney.

Jun 20, 2017 10:44 AM
Rainmaker
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FN LN
Toronto, ON

Consult knowledgeable  legal counsel in the jurisdiction where the property is located.

Jun 20, 2017 09:11 AM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question.

Jun 20, 2017 08:18 AM
Rainmaker
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Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Talk to your local county/city code people.

Jun 20, 2017 08:07 AM
Rainmaker
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Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

That sounds like a legal question for an attorney well versed in these matters.  Good luck with this. 

Jun 20, 2017 08:02 AM
Rainmaker
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Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Good qustion,  I will have to as my title rep.

 

Jun 20, 2017 07:52 AM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Erika Albert Restictions can be changed through rezoning approvals and special use permits via County/City zoning officials. A title search will tell you if any zoning on the property has changed. I can't speak for Texas, but in my state a marina is a commercial use.

Jun 20, 2017 06:38 AM
Rainmaker
940,155
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Can you "fight city hall"? Sounds like a city question.

Jun 20, 2017 06:24 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

With the assistance of a Board Certified Real Estate Attorney. This is not for any real eestate agent to even answer this question

Jun 20, 2017 05:38 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

I would ask the title company and or a good real estate attorney.

Jun 20, 2017 05:10 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Me personally? No

Jun 20, 2017 04:59 AM
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Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

I'm with Dorie Dillard - Ask these same questions to a real estate attorney - not something you could change without one anyway. Good luck, Erika Albert

Jun 19, 2017 08:37 PM