What are my rights with my land?

My husband and I purchased a piece of land. We were not notified that the land had restrictions on it. We are trying to place our home on the land. Now the POA is saying that we have to fill out a building permit, so the board of directors can approve or disapprove it. Is this legal? Can they tell us that we can not put our home on the land we purchased?

Asked on March 23, 2018 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Before purchasing land, it is incumbent upon the buyer to make sue that they are permitted to do what they want with it. In other words, the burden is on them to conduct their "due diligence". This means that they must find out just what is and isn't permitted to be done with the property insofar as zoning, deed restrictions, easements, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal. The burden or obligation is on the buyer to do their "due diligence" and find out what they can build on land (or otherwise do with the land), given municipal zoning, any deed restrictions or easements, and any community or association rules. You are held to all those restrictions, and others do not have to tell you of them; you have to make sure, before buying the land, that you are allowed to do what you want.


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