Texas Agreement and Declaration of Restrictive Covenants

State:
Texas
Control #:
TX-JW-0025
Format:
PDF
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Agreement and Declaration of Restrictive Covenants
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FAQ

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.

Limitations On Home Color. Rent And Lease Restrictions. Restrictions On Business Usage. Limitations On Permissible Pets. Requirements For Exterior Maintenance. Restrictions On Exterior Constructions.

What Is The Purpose Of Restrictive Covenants? Restrictive covenants can offer benefits to homeowners. Restrictive covenants enforce a standard of uniformity across a development. These covenants stop your neighbors from letting their homes fall into decay and lowering your property values.

The covenant must be negative (restrictive). There must be a benefited and a burdened land and the two must be reasonably close together close enough for the benefited land to be genuinely adversely affected by a breach. The covenant must actually benefit the benefiting land.

Obtaining insurance cover, known as 'indemnity insurance', in respect of any attempt to enforce the covenant. Seeking a declaration from the Lands Tribunal that the covenant is invalid.

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.

Ignoring a restrictive covenant If you choose to ignore a restrictive covenant, you could potentially face a claim in damages for the breach in addition to any injunctions granted.

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.

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Texas Agreement and Declaration of Restrictive Covenants