Buying Texas Land: Deed Restrictions

Deed restrictions are private, contractual covenants that govern the use of a lot or parcel of land. In most cases a deed restriction is in the form a written document that is recorded with the county register of deeds records where the property is located. These documents can sometimes be known as “Declarations of Covenants, Conditions and Restrictions.”

Typically restrictions are placed on real property by the property owner with the intent to enhance the value of that property. Though some restrictions affect subsequent owners of the property for a stated term, most deed restrictions are permanent and tied to the land, and generally bind all current and future owners of the lot or parcels involved. Excepting compliance with laws and public policies, the subject matter or nature of a restriction has no limitations.

If you’re considering the purchase of acreage within a residential subdivision, deed restrictions and architectural control guidelines may exist. 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
• No hunting
• No mobile homes
• Easements and usage of easements
• No further splits or land divisions
• No outdoor storage of junk, RV’s, trailers, etc.
• Designation of a property for commercial or industrial use
• Prohibition on selling or transferring property to governmental units for public use

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.

For questions about the VLB Land Loan Program please visit TexasVeterans.com or call our Texas Veterans Call Service Center at 1–800–252–8387 or send us an email.

For more information about deed restrictions see the following articles:

Governing Property Use: Living with Deed Restrictions
by Judon Fambrough and Cindy Dickson, Real Estate Center at Texas A&M University

Creating, Changing, Extending Deed Restrictions
by Judon Fambrough, Real Estate Center at Texas A&M University

Texas Property Code: Title 11 Restrictive Covenants