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Houston Real Estate Law – Deed Restrictions & HOAs

Deed restrictions are commonplace in real estate law throughout Harris, Fort Bend and Waller County. In some cases, they may adversely affect the ability of a homeowner or commercial property owner to make modifications or improvements to their land or structures thereon. As such, it is critical to understand how deed restrictions influence business law, consumer law and commercial litigation in the greater Houston area and the rest of southeastern Texas.

Deed Restrictions in Texas Residential and Commercial Real Estate

Broadly speaking, deed restrictions exist to limit, restrict or prohibit certain uses or activities on a particular property or set of properties. Although deed restrictions are not synonymous with homeowners association or condo association covenants, there is often some practical overlap in their respective applications. In fact, many deed restrictions are imposed, initiated and/or required by HOAs.

Deed restrictions generally exist to limit certain types of development within a defined area, such as a residential subdivision or historic neighborhood. In particular, they often limit localized commercial or industrial development or activities with the aim of preserving a neighborhood’s quiet character and supporting residential land values.

However, they may also impede smaller-scale commercial activities that do not have an impact on the character of the neighborhood in question. Accordingly, deed restrictions are an important aspect of corporate law and factor prominently into business planning activities.

In some cases, deed restrictions remain in force for an indefinite period of time. More commonly, restrictions have an effective lifespan of no more than 30 years. After its expiration, a restriction must be renewed by written agreement to remain or re-enter into force.

Although deed restrictions are private agreements, they are recorded with the county in which the property is located and remain in force even after the property is transferred to a new owner. As such, it is critical for property buyers to understand the nature of any deed restrictions that apply to properties under consideration.

Houston Real Estate Attorneys with Deed Restriction Expertise

Homeowners facing unwanted or egregious deed restrictions may have legal options at their disposal. At The Law Office of Henry A. Jakob, PLLC, we have extensive experience with this legal matter and are equipped to challenge HOAs or condo associations when warranted. Additionally, we can advise and assist homeowners who wish to revise or eliminate deed restrictions from their HOA agreements or other governing documents. Whether you are an independent homeowner in Sugar Land or a Missouri City entrepreneur who wishes to engage in reasonable commercial activity in a residential area, we are happy to evaluate the merits of your case and assist in any way we can.

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To learn more about our commercial and residential real estate attorney can help address matters related to deed restrictions and other property law issues in Fort Bend, Waller and Harris County, please call us at 713.640.5700 or fill out the online contact form at your convenience.

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