Sell Land with Deed Restrictions in Florida for Cash

Updated November 6, 2026 by SWFL Land

Yes, you can sell Florida land that has deed restrictions, and you do not have to get them released or amended first. We buy Florida land with deed restrictions, including lots in platted subdivisions with recorded covenants, parcels inside homeowners’ associations, land with minimum home size or no-mobile-home rules, and acreage with old restrictions nobody has enforced in decades. SWFL Land (Libera Capital Group LLC) is a direct cash buyer, not a listing agent. You usually get a written cash offer within 24 hours, we close in 7 to 21 days through a licensed Florida title company, there are no commissions or fees, we pay standard closing costs, and you can sell as-is from anywhere. Call (239) 686-0823 or request a cash offer online.

This page is general information about Florida land, not legal or tax advice. For advice on your situation, talk to a Florida attorney or the title company handling your sale.

What counts as a deed restriction in Florida?

A deed restriction is a private rule recorded in the county’s official records that limits how land can be used. Florida’s Marketable Record Title Act defines a “covenant or restriction” as an agreement or limitation in a recorded document that subjects a parcel to a use restriction or other obligation (s. 712.01, F.S.). It is separate from zoning. Zoning comes from the county or city; a restriction comes from a private document, usually written by the developer who first sold the lots.

Restrictions usually show up in one of three places:

A declaration of covenants recorded for a whole subdivision, often tied to a homeowners’ association (HOA) or property owners’ association.
Notes on the recorded plat, such as setback lines, drainage easements or a single-family-only note.
The deed itself, where a seller added a condition for one parcel, such as “no commercial use” or “no mobile homes.”

Common examples include minimum living area, mobile home bans, livestock limits, setback rules, architectural review, no-split rules and association assessments.

How are deed restrictions recorded and enforced?

Restrictions bind later owners because they are recorded with the Clerk of the Circuit Court in the county where the land sits. A buyer is treated as knowing what is in the public record, whether or not they read it.

Enforcement inside an HOA

If the land is in a homeowners’ association governed by Chapter 720, Florida Statutes, the association or any member can sue to enforce the governing documents, and the prevailing party is entitled to reasonable attorney fees and costs (s. 720.305(1), F.S.). The same section caps fines at $100 per violation and $1,000 in total for a continuing violation unless the governing documents say otherwise, and a fine of less than $1,000 may not become a lien on the parcel (s. 720.305(2)). Unpaid assessments are a different matter; association documents commonly make those a lien.

Enforcement without an HOA

Older subdivisions often have recorded restrictions but no working association. Enforcement then generally falls to whoever the documents name, or to other lot owners in the same subdivision, through a lawsuit for an injunction. Who has standing depends on the wording and the facts. Lack of enforcement in the past does not by itself erase a restriction.

Do old deed restrictions expire in Florida?

Some do. Chapter 712, Florida Statutes, the Marketable Record Title Act (MRTA), clears many old claims from title over time.

A person who has an unbroken chain of record title for 30 years or more has “marketable record title” (s. 712.02). The starting document is the “root of title,” the last title transaction recorded at least 30 years before marketability is being determined (s. 712.01).
Covenants and restrictions that depend on events before the root of title are extinguished and declared null and void (s. 712.04), unless an exception in s. 712.03 applies.
Restrictions that are repeated or specifically referenced in the deeds starting with the root of title are not wiped out (s. 712.03(1)). In practice, many Florida deeds say “subject to restrictions of record,” and whether that general phrase is enough is something the title examiner decides.
A restriction holder can preserve it by recording a notice during the 30-year period (s. 712.05 and s. 712.06). A property owners’ association can preserve community covenants by a notice, a summary notice under s. 720.3032(2), or an amendment that references the original covenants (s. 712.05(2)). A filed notice preserves the restriction for at least 30 years after filing.
Lapsed covenants can sometimes be brought back. Associations and, in some communities, parcel owners can use the revitalization procedure in ss. 720.403 to 720.407 (s. 712.11 and s. 712.12).

MRTA does not touch zoning, comprehensive plans or other government rules that work independently of recorded documents, and it does not cancel recorded covenants that state on their first page that a government accepted them as a condition of an approval (s. 712.04). It also does not affect restrictions recorded under Chapters 376 or 403 (environmental restrictions) or rights of the state, water management districts or the United States (s. 712.03).

Reverter clauses are different

Some old deeds say the land “reverts” to the seller if a rule is broken. For deeds executed on or after July 1, 1951, Florida law makes a reverter or forfeiture provision invalid more than 21 years after the deed date, with exceptions for conveyances to government, religious, charitable and similar entities (s. 689.18(4) and (5), F.S.). The underlying restriction can still be enforced by injunction; only the forfeiture remedy goes away (s. 689.18(7)).

HOA declaration vs. plat restriction vs. deed restriction

Type	Where it is recorded	Who usually enforces	How it usually changes
HOA declaration of covenants	Official records, often with later amendments	The association or any member (s. 720.305)	Owner vote under the declaration; two-thirds of voting interests if the documents are silent (s. 720.306(1)(b))
Plat notes and restrictions	The recorded plat book page	Varies; local government for some plat items, lot owners for private restrictions	Replat or vacation through the county or city, or the method the restrictions provide
Restriction in a single deed	That deed in official records	The person or class the deed names	Written release from the people entitled to enforce, or a court order
Expired or unpreserved restriction	Still visible in old records	Possibly no one, after MRTA	Title examiner may treat it as extinguished under ch. 712

How do you read the restrictions on your land?

Find your vesting deed. Look up the parcel on the county property appraiser site, then pull the deed from the clerk’s official records. Note any “subject to” language and the book and page numbers it cites.
Pull the plat. The legal description usually names the subdivision, plat book and page. Read the notes on every sheet, not only the lot layout.
Search for the declaration and amendments. Search official records by subdivision name and by the association’s name. Amendments can change rules years later.
Check whether the association still exists. Search the association’s name on Sunbiz. An inactive corporation does not automatically mean the covenants are gone.
Look for MRTA preservation notices. A recorded notice under s. 712.06 or a summary notice under s. 720.3032 tells you someone kept the restrictions alive.
Read the operative words. Focus on use limits, minimum size, building materials, mobile home bans, lot splitting, assessment and lien language, and how amendments are approved.

A title company’s commitment lists recorded restrictions as exceptions in Schedule B. That list is often the fastest summary of what affects your parcel.

Can deed restrictions be released or amended?

Often, but it takes paperwork and sometimes many signatures.

Amendment by vote. HOA documents usually state how to amend them. If they are silent, s. 720.306(1)(b) allows amendment by two-thirds of the voting interests. The association must send members copies or notice within 30 days after recording.
Written release. For a single-deed restriction, the people entitled to enforce it can sign and record a release. If enforcement rights belong to every lot owner in a subdivision, a release can require many owners.
Court action. A lawsuit can ask a court to declare a restriction unenforceable, for example because of abandonment or changed conditions. Outcomes depend on the facts.
Let MRTA work. If the restriction predates the root of title and was never preserved, a title examiner may already treat it as gone.

A county variance or rezoning does not remove a private restriction. Government approval and private covenants are separate systems, and a buyer has to satisfy both.

How do deed restrictions affect buyers and your sale price?

Restrictions change who can use the land and what they can build. A builder planning a small spec home avoids a lot with a large minimum floor area. A buyer who wants a manufactured home skips a subdivision that bans them. Architectural review and assessments add cost, and unpaid assessments generally get settled at closing.

Restrictions also survive a tax deed. Under s. 197.573, F.S., use and building restrictions running with the land remain enforceable against a tax deed buyer, so a tax sale does not clean them off. If you are weighing letting a lot go to tax sale, see selling land with back taxes first.

Selling as-is vs. fixing it first

You can pay to amend or release a restriction and then list the land, or sell it as it stands. Releases needing many signatures, defunct developers and court actions can take months with no certain result. Selling as-is moves the question to the buyer. To compare net outcomes, try our land sale proceeds calculator and the guide to cash buyer vs. listing vs. tax deed.

How we buy land with deed restrictions

Send the address or parcel ID. Copies of the deed or restrictions help but are not required.
We review the restrictions and make a written offer, usually within 24 hours, on the land as it stands.
A licensed Florida title company opens title, lists the recorded restrictions, and handles any assessment payoffs or estoppel letters from the association.
Close in 7 to 21 days. Sign remotely or in person, and get paid by wire or check.

We do not promise that a restriction can be removed. The title company reviews it, and we make an offer that already accounts for it. If your land also has an access or title issue, see selling land with title problems, selling land with HOA or CDD liens and selling landlocked land.

Where to Look This Up

County property appraiser: owner, legal description, subdivision name and plat reference for the parcel.
County Clerk of Court official records: deeds, declarations, amendments, MRTA notices and plats. Some counties keep plats in a separate plat book index.
Sunbiz (Florida Division of Corporations): search.sunbiz.org to see whether an HOA or property owners’ association is active and who its officers are.
County tax deed files: some clerks, such as Duval County, note that tax deed files can help research liens, zoning and restrictive covenants.

Find your county’s offices on our find your county page, and work through the Florida land due diligence checklist. For a value estimate, see what’s my lot worth.

Deed Restriction FAQs

Who buys land with deed restrictions in Florida?

SWFL Land (Libera Capital Group LLC) buys land with deed restrictions in all 67 Florida counties, as-is, for cash. Call 239-686-0823 or email info@swflland.com for a written offer, usually within 24 hours.

Do deed restrictions expire in Florida?

Many can. Under Chapter 712, restrictions that depend on events before a 30-year root of title are extinguished unless they are repeated in later deeds, preserved by a recorded notice, or fall under another exception in s. 712.03. A title examiner decides how this applies to your parcel.

Is a deed restriction the same as zoning?

No. Zoning is set by the county or city. A deed restriction is a private recorded rule. Land has to comply with both, and a zoning approval does not override a valid restriction.

Can an HOA stop me from selling my lot?

Generally, an HOA cannot block a sale outright, but its documents can require assessments to be paid and sometimes notice or approval steps. The title company typically requests an estoppel certificate from the association to confirm what is owed.

What if the HOA no longer exists?

The recorded covenants may still be on title. Whether they are enforceable depends on MRTA, any preservation notices, and the wording of the documents. Owners or a new association can sometimes revive lapsed covenants under ss. 720.403 to 720.407.

Can a deed restriction make my land revert to the original seller?

For deeds executed on or after July 1, 1951, reverter or forfeiture clauses are not valid beyond 21 years from the deed date under s. 689.18, with exceptions such as conveyances to government, religious and charitable entities.

Does a tax deed wipe out deed restrictions?

Generally no. Section 197.573 keeps use and building restrictions running with the land enforceable after a tax deed, though most covenant-based debts that existed before the deed do not survive.

Ready to Sell?

If restrictions are keeping buyers away from your Florida land, you can sell it as it stands. Call (239) 686-0823 or request a cash offer online. You will get a written offer, usually within 24 hours, and close through a licensed Florida title company with no commissions or fees.

Sell Land with Deed Restrictions in Florida