Can this covenant be modified?

Since this is in social…

I suspect the covenant goes with the deed.

At any rate, you will probably have to indemnify the new owners in case they get sued.

But I am not an attorney. Let me know what attorney says.

Why would we have do indemnify them?

Covenants are built into the deed, and apply for as long as stated in the deed and not found to be a violation of the law. (For instance, there used to be racial restriction covenants, many still exist in deeds but are not enforceable.)

If a second home was built on the lot, then neighbors could sue and the house would have to be torn down. That’s why the buyer might want indemnity.

But if they break the covenant, why would we have to indemnify them?

Also, could we go back to the originator of the covenant, or maybe the neighbors, and see if they’ll agree to change it?

I don’t see that as your responsibility as seller.
What they do with the land after they purchase it from you is totally up to them.
I wouldn’t involve myself in the process unless I was desperate to sell the property.

Perhaps the best question would be, “Can the property legally be split into two separate lots, each governed by the same covenants?”
Then each lot could accommodate one home.

No. It can not be split. That too is specified.

What process are you referring to @ibstubro, that I shouldn’t involve myself in?

Modifying the covenant, @Dutchess_III.
It’s the buyer’s responsibility to make those inquiries and deal with the results.

Problem is, they probably won’t buy if I can’t figure out if it can be changed. I’m not exactly “desperate” to sell the land, but I sure want out from under the loan and all the hassle of up keeping the land.

The problem is, they have to satisfy themselves that they will be happy with the land. You can’t warrant it to be anything other than what it was at the time you bought it. Otherwise you run the risk of them coming back on you. Even if your lawyer says, “Sure, they can do that!”’, it means nothing unless they have a lawyer that says the same, and is willing to follow it through.

I understand your desire to sell, but as buyers, they really have to satisfy themselves that the property will meet their needs.

My lawyer didn’t say that. She’s not stupid. I don’t know what she has to say about it yet.

If it’s possible to modify the covenant I want to go that way first. I think that is the only thing that would cause them to hesitate about buying the land. They’re pretty thrilled with it. (And they’re offering $18,000 down.)