A restrictive 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. 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 deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Texas Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legal document that establishes rules and regulations enforced within a specific subdivision in the state of Texas. This declaration outlines the rights and responsibilities of homeowners and property owners in a subdivision, ensuring that the community maintains a certain level of aesthetic appeal, functionality, and conformity. Within the state of Texas, there are different types of Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision. Some common variations include: 1. Residential Subdivision Declarations: These declarations are primarily applied to residential subdivisions, ensuring that property owners adhere to specific standards regarding property maintenance, architectural design, landscaping, and use of common areas or amenities. 2. Commercial Subdivision Declarations: In the case of commercial subdivisions, the declaration lays out regulations related to the usage, operation, and maintenance of commercial properties within the subdivision. It may include guidelines concerning signage, parking, noise restrictions, or hours of operation to maintain a harmonious and functional commercial environment. 3. Mixed-Use Subdivision Declarations: In mixed-use subdivisions, which incorporate a combination of residential, commercial, and potentially other types of properties, this declaration addresses a diverse range of covenants, conditions, and restrictions that are applicable to each specific property type within the subdivision. 4. Planned Community Declarations: A planned community declaration often encompasses both residential and commercial components. It provides a comprehensive set of guidelines governing various aspects, such as property use, architectural design, landscaping, maintenance, community amenities, and the establishment of homeowners’ or property owners’ associations to facilitate community governance. The Texas Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision serves to protect property values, maintain aesthetic standards, establish community norms, and promote the overall well-being of the subdivision. It is a binding agreement that property owners within the subdivision must adhere to, ensuring a harmonious and organized living or working environment for all residents and businesses. Keywords: Texas, Amended and Restated Declaration, Covenants, Conditions, Restrictions, Subdivision, residential subdivision, commercial subdivision, mixed-use subdivision, planned community, property owners, homeowners, community governance.
