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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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Can a farm be used if a prop deed covenant states as written

Customer Question

can a farm be used if a prop deed covenant states as written the premises conveyed shall be used for single family homes or none commercial agriculture and recreational use only except in home offices and bead and breakfasts businesses should be allowed . no other commercial or industrial use of the property is allowed
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

A covenant is a binding legal requirement; what was the purpose the land is being used for?

Customer: replied 10 months ago.
subdivided farm lands from land and lakes
Customer: replied 10 months ago.
My question the premises conveyed shall be used for single family homes or non-commercial agricultural and recreational uses only except in home offices and Bed an Breakfast businesses shall be allowed. No other commercial or industrial use of the property is allowed.
Expert:  legalgems replied 10 months ago.

That covenant would allow the property to be subdivided; it also allows for non commercial (so personal, non business use) use of the property.

There are restrictive covenants- which preclude certain types of activities on the land.

Covenants typically run with the land and are on the deed, or the chain of title.

These are binding on future owners of the property. They can be concurrent (mutual promises to be performed simultaneously), dependent (one promises only needs to be performed if the other party performs), or independent .

Yes, if it states that it shall be used for a certain purpose, then that would be controlling.

The Term "shall" legally means must- that no other use will be permitted other than those listed.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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