Deed Restrictions on Texas Land: How to Find and Read Them
Short answer: Deed restrictions (restrictive covenants) are recorded rules that limit what owners in a subdivision or on a tract can do, such as the size of homes, mobile homes, livestock or how many lots a tract can be split into. They bind every owner, so read them before you buy. Look in the county clerk's real property records and in the exceptions on the title commitment. If there is a property owners' association, Texas Property Code Section 202.006 says its dedicatory instruments have no effect until filed in the county records, and Section 207.003 says the association must give a current copy of the restrictions, bylaws and rules plus a resale certificate within 10 business days of a written request, for a fee of up to $375. Courts read restrictions liberally to carry out their purpose (Section 202.003), and a court may assess up to $200 a day for a violation (Section 202.004). Outside cities there is generally no zoning in Texas, so the restrictions may be the main rule on what you can build.
Before you buy a lot or a tract of land in Texas, find out whether deed restrictions apply. Deed restrictions, also called restrictive covenants, are recorded rules that limit what any owner can do with the land. They often decide the questions buyers care about most: can I put a manufactured home here, can I live in an RV while I build, can I keep horses, can I split the land later. Outside cities, where there is generally no zoning, the restrictions may be the main rule on what you can build. This guide shows where to find them, how Texas reads them, and what to check before you sign.
What deed restrictions cover
Restrictions are written by the developer or by earlier owners and recorded in the county records, and they bind every later owner. Common topics include the minimum size of a home, whether manufactured or mobile homes are allowed, RVs and temporary living, livestock, fences, setbacks from the road, commercial use, and whether a tract can be divided. Some restrictions create a property owners' association that collects dues and enforces the rules.
They are separate from zoning. Dallas County's planning office notes that in Texas only cities, not counties, can adopt zoning ordinances. So a tract in the county may have no zoning at all and still have strict recorded restrictions. Our Texas land rules checklist walks through which rules apply where.
Step 1: find the recorded restrictions
- Read the deed. The current owner's deed often says the land is conveyed subject to restrictions recorded at a given volume and page or document number.
- Search the county clerk's real property records. Search by the subdivision name and by the owner. Look for documents called declarations, restrictions, covenants, or amendments, and read the latest amendments too.
- Read the title commitment. Recorded restrictions that affect the land show up as exceptions. Our guide on what a title search finds explains where.
Step 2: if there is an association, ask for its documents
Texas Property Code Section 202.006 says a property owners' association must file all its dedicatory instruments in the real property records of each county where the property is. An instrument has no effect until it is filed, and the association may not collect a regular assessment if the document that authorizes it has not been filed.
Section 207.003 tells you what you can get from the association. Not later than the 10th business day after it receives a written request, it must provide:
- a current copy of the restrictions that apply to the subdivision;
- a current copy of the association's bylaws and rules;
- a resale certificate, dated no more than 60 days before it is delivered, which includes the total of amounts due and unpaid to the association.
The association may charge up to $375 for this, and up to $75 for an update, and it may not charge the fee if the certificate is late. If you are buying a lot with dues, our guide on HOA dues on a lot you never use explains what they cost an owner over time.
Step 3: read them the way a court would
Section 202.003 says a restrictive covenant shall be liberally construed to give effect to its purposes and intent. In plain words, do not look for a loophole: if a rule clearly aims to keep the subdivision to site-built homes, expect it to be read that way. Read every page, including definitions, and check for:
- what kind of home is allowed, and its minimum size;
- whether RVs, tiny homes or temporary living are allowed, and for how long;
- livestock and animal limits;
- whether the lot can be divided or more than one home built;
- setbacks, fences, driveways and road maintenance;
- dues, special assessments and who collects them;
- how the restrictions can be amended, and when they expire, if ever.
If you plan to live in an RV or a tiny home, our guide on an RV or tiny home on Texas land lists the other rules to check.
Step 4: understand how they are enforced
Under Section 202.004, a property owners' association, or another representative designated by an owner, can bring a lawsuit or administrative proceeding to enforce a restrictive covenant. A court may assess civil damages of up to $200 for each day of a violation. The same section says that when an association uses discretionary authority, its decision is presumed reasonable unless a court finds by a preponderance of the evidence that it was arbitrary, capricious or discriminatory. The cost of guessing wrong can add up quickly.
A buyer's checklist
- Get the recorded restrictions and every amendment before you make an offer, or make the offer depend on reviewing them.
- If there is an association, send a written request for the restrictions, bylaws, rules and resale certificate.
- Compare your plans (home type, RV, animals, dividing the land) against the actual text.
- Check the title commitment exceptions for restrictions you did not find.
- Ask a Texas real estate attorney about anything unclear before you close.
Our guide on buying land for sale by owner covers the rest of a by-owner purchase.
Looking for land?
Our land marketplace lists Texas land for sale. Ask about any listing's restrictions, access and utilities before you decide.
Common questions
- How do I find the deed restrictions on a property in Texas?
- Search the county clerk's real property records for the subdivision or tract, check the deed for references to recorded restrictions, and read the exceptions in the title commitment. If there is a property owners' association, ask it in writing for the current restrictions, bylaws and rules.
- Do Texas HOA rules count if they are not recorded?
- Texas Property Code Section 202.006 says a property owners' association must file its dedicatory instruments in the real property records of each county where the property is, and an instrument has no effect until it is filed. The association also may not collect a regular assessment if the document that authorizes it has not been filed.
- How fast must a Texas property owners' association send its documents?
- Under Section 207.003, not later than the 10th business day after it receives a written request, it must provide the current restrictions, bylaws and rules and a resale certificate. It may charge up to $375 for this, and up to $75 for an update.
- What happens if I violate a deed restriction in Texas?
- A property owners' association or a representative designated by an owner can bring an enforcement action, and under Section 202.004 a court may assess civil damages of up to $200 for each day of the violation.
- Can deed restrictions stop me from putting a mobile home or RV on my land?
- They can, if the recorded restrictions say so. Restrictions can address minimum home size, manufactured homes, RVs or livestock. Read the actual recorded text for your tract, because rules differ from one subdivision to the next.
Sources
- Texas Property Code Section 202.003 (how restrictions are read)
- Texas Property Code Section 202.004 (enforcement and damages)
- Texas Property Code Section 202.006 (association documents must be filed)
- Texas Property Code Section 207.003 (subdivision information and resale certificate)
- Dallas County Planning and Development: zoning and unincorporated area regulations
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