Having two opinions on two different forms of land use restriction is not necessarily inconstant. Especially since one is a form of contract law, the other government regulation.
Beyond enforcement, the government has no real part in the former. Except perhaps not disallowing it. But we have rights to specific parts of usage excluded from land sales all the time - water rights being a particularly gnarly one.
Beyond enforcement, the government has no real part in the former. Except perhaps not disallowing it. But we have rights to specific parts of usage excluded from land sales all the time - water rights being a particularly gnarly one.