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 Covenant For A Subdivision Can Be Enforced By In Texas
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(f) The petition must be filed with the county clerk of each county in which the subdivision is located. Deed restrictions must be reasonable, legal, and not contrary to public policy to be enforceable.Deed restrictions — also referred to as restrictive covenants — are relatively common in Texas. Equitable servitudes are broader than restrictive covenants because they do not have to be included in the written deed and are enforceable in court as equity. The Board of Directors of Ranch at Cypress Creek MUD has responsibility for the enforcement of restrictive covenants within the District. A property owner being sued for enforcement or breach of restrictive covenants usually asserts waiver as a defense. How do residents report deed restriction violations? Without an HOA, there is private standing to enforce the restrictions. Restrictive covenants help enforce standards and uniformity in neighborhoods. The deed restriction described in this opinion request amounts to a personal covenant.