In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
A restrictive or protective covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. For example, when a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded. Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
Restrictive Covenants In Land Law In San Antonio
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Notably, deed restrictions are not always legally enforceable in Texas. In order to be legally valid, a deed restriction must be reasonable, lawful, and consistent with public policy.
Because there's no central authority to keep everyone in line, it's up to individual property owners to take matters into their own hands. They can either enforce the restrictions themselves or turn to local authorities.
Because there's no central authority to keep everyone in line, it's up to individual property owners to take matters into their own hands. They can either enforce the restrictions themselves or turn to local authorities.
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.
Any non-compete agreement that is void under existing law is unenforceable, “regardless of where and when the contract was signed” or where employment was maintained.
Restrictive covenants) are enforceable in Texas. To be valid under Texas law, a covenant not to compete must be “ancillary to an otherwise enforceable agreement.” Then, the restrictions must be reasonable in scope.
Ingly, if, for example, a restrictive covenant between employer and employee includes a five-year term, the covenant is unlikely to be deemed enforceable by a court. In the sale of business context, courts typically are more willing to enforce covenants lasting longer than 1-2 years.
Notably, deed restrictions are not always legally enforceable in Texas. In order to be legally valid, a deed restriction must be reasonable, lawful, and consistent with public policy.
The association or another representative may enforce restrictive covenants by civil litigation or administrative proceedings. This section gives justice courts jurisdiction in cases relating to the enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
Texas will enforce a non-compete agreement if it meets certain criteria: It must be included with another agreement (such as an employment offer), and be in exchange for “consideration” (i.e. something in return, such as specialized training or confidential information).