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  • Creating, Changing, Extending Deed Restrictions - Real Estate ... - Recenter Tamu

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Law JULY 2000 (Revised January 2012) PUBLICATION 1417 A Reprint from Tierra Grande, the Real Estate Center Journal LETTER of the LAW by JUDON FAMBROUGH Creating, Changing, Extending Deed Restrictions.

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CAN DEED RESTRICTIONS BE WAIVED IN TEXAS? Under Texas law, restrictive covenants may be waived, and waiver is ordinarily a question of fact.

Deed restrictions may expire after a certain time period or need judicial proceedings in order to change. HOA rules, on the other hand, can be changed with a simple vote from the HOA board.

Often times property developers or property owners associations enforce deed restrictions to ensure the continuity of a subdivision or land tract. These restrictions and guidelines should be available through the property developer's sales information center.

Statute of Limitations. Please keep in mind that there is a 4-year statute of limitations in Texas for enforcing the breach of a restrictive covenant. Thus, it is imperative that associations enforce deed restrictions in a diligent and timely manner or they may lose their right to enforce them.

Typically, the provision requires an affirmative vote by a majority of owners within the affected area. Without a specific provision to the contrary, the consent of all of the affected property owners is required to modify or extend Restrictions.

Most deed restrictions have an average life span of 25 to 30 years. Some are in effect “in perpetuity.” Many deed restrictions contain a provision for automatic renewal after the initial 25 to 30 year span, unless the owners take action to prevent renewal.

Most of the deed restrictions created in the last twenty years will likely have provisions that provide information on how those restrictions can be amended. For the most part, these provisions require a majority vote of the property owners to amend.

In order to be legally valid, a deed restriction must be reasonable, lawful, and consistent with public policy. If a covenant fails to meet these requirements, or if it falls into conflict with a state or local zoning regulation, it may be deemed unenforceable.

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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232