The Harris County Texas Agreement and Declaration of Restrictive Covenants is a legally binding document that outlines specific rules and regulations governing the use and development of properties within Harris County, Texas. These covenants are designed to maintain the aesthetic appeal, property values, and overall quality of life within designated communities. These restrictive covenants, also known as deed restrictions, are typically established by developers or homeowner's associations (Has) to ensure a unified vision and harmonious coexistence among residents. They play a crucial role in preserving the character and ambiance of neighborhoods while safeguarding property owners' rights and interests. Keyword variations: Harris County Texas Agreement and Declaration of Restrictive Covenants, Harris Texas Agreement and Declaration of Restrictive Covenants, Harris County restrictive covenants, Texas deed restrictions, Harris County covenant agreements, Harris Texas property covenants. Different types of Harris Texas Agreement and Declaration of Restrictive Covenants include: 1. Residential Covenants: These apply to residential properties and often define acceptable architectural styles, minimum construction standards, setback requirements, and landscaping guidelines. They may also cover rules regarding the use of recreational facilities, parking restrictions, and the prohibition of certain activities like running a business from home. 2. Commercial Covenants: Exclusively targeting commercial properties, these covenants dictate permissible business activities, signage limitations, building design guidelines, and maintenance standards. Their purpose is to promote a cohesive and professional appearance while preventing activities that could disrupt the surrounding community or negatively impact property values. 3. Mixed-Use Covenants: In areas where residential and commercial properties coexist, mixed-use covenants encompass restrictions applicable to both property types. These may include designated zones for commercial and residential use, restrictions on noise levels, shared parking arrangements, and guidelines for integrating different building types seamlessly. 4. Planned Community Covenants: These covenants are often found in housing developments featuring shared amenities and common areas, such as gated communities or master-planned neighborhoods. They establish regulations regarding the upkeep of common spaces, formalities for architectural modifications or renovations, utility maintenance, and regulations for shared facilities such as swimming pools, playgrounds, or clubhouses. By adhering to the Harris County Texas Agreement and Declaration of Restrictive Covenants, property owners can contribute to the overall well-being of their community, enhancing property values and ensuring the longevity of a high-quality living environment. It is essential for homeowners to familiarize themselves with these covenants before purchasing or building a property within Harris County, Texas.
Harris Texas Agreement and Declaration of Restrictive Covenants
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FAQ
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. Common deed restrictions may include: No livestock.
To be enforceable a restrictive covenant must firstly ?touch and concern? or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
To find out what, if any, deed restrictions are attached to a particular piece of acreage, visit the county courthouse in the county where the land is located to check the county deed records.
Usually, local governments declare their covenants enforceable only by the property owner and the municipality itself, thereby retaining total control over the actual implementation of the land use plan, as the municipality becomes the only party capable of enforcing land use regulations against the developer.
A restrictive covenant may include things that you can't do with your property, like raise livestock. A restrictive covenant will also include things that you must do, like mow your lawn regularly.
You can also visit the county Clerk's office to get a copy of the Declarations of Covenants Conditions and Restrictions for the neighborhood. Easiest way to find deed restrictions is pulling them up in the county records as they are public knowledge.
Restrictive covenants in Texas real estate are contractual promises relating to how a particular piece of property can be used. The restrictive covenant will specify constraints on specific uses of the property. For example, a homeowner's deed may specify that his land is for single-family residential purposes only.
In most cases, homeowners associations (HOAs) are the principal enforcers of deed restrictions. However, when there is no HOA, a deed restriction might be enforced by a branch of your local government.
A property owners' association or another ?representative designated by an owner? may file a lawsuit to enforce a restrictive covenant. Section 202.004(c) of the Property Code allows a court to assess civil damages of up to $200 for each day of the violation.
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For homeowners associations, the restriction and covenant will be added to the Declaration which will then become a part of the record. The declaration shall be included in the deeds. For homeowners associations the Declaration is available upon request to any member.
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