Texas Declaration of Restrictive Covenants
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FAQ
The restrictions and affirmative obligations included in a set of restrictive covenants may be enforced by (i) any individual owner or (ii) in a condominium or planned community, the owners association.However, most enforcement of restrictive covenants is now carried out by the appropriate owners association.
A restrictive covenant is an agreement that restricts a company or other party to a contract from engaging in certain actions. For example, a restrictive covenant entered into with a public company might limit the amount of dividends the firm can pay its shareholders.
Enforcing Restrictive Covenants An injunction is a discretionary remedy which a court is more likely to grant if it is applied for promptly. However before taking legal action it is important to establish that you do have the right to enforce the covenant.
A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property. Restrictive covenants allow surrounding property owners, who have similar covenants in their deeds, to enforce the terms of the covenants in a court of law.
The restrictive covenants imposed by the scheme must be registered against the seller by each buyer. In the case of unregistered land the covenants are registered as D(ii) land charges.