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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
How do I find deed restrictions on my property?
To find out whether a specific property has any deed restrictions, you can ask the owner or property agent to provide you with the details. Deed restrictions on a property can be found by researching either the “DEED or the “RESTRICTION” on the Travis County Clerk's Official Public Record Search.
Where are deed restrictions recorded?
Typically, a deed restriction is created in a document that is recorded with the county register of deeds records where the property is located. Most deed restrictions are permanent and run with the land; that is, they generally bind all current and future owners of the lot or parcels involved.
Where are deed restrictions found?
These are usually found in townhouses, subdivisions or gated communities and very rarely on regular houses. Common deed restrictions include limitations on how property must look, whether you can add on to the property, and what types of pets or animals you can keep.
What is a deed restricted neighborhood?
A deed-restricted community is a neighborhood with a governing homeowner association (HOA) that enforces certain rules and regulations regarding the look of a neighborhood, as well as property uses.
What are restrictions on a property?
Deed restrictions, often called restrictive covenants” (especially in the context of homeowners associations), are contained in a deed and limit how a piece of real estate can be used, and what can be built on it. Most often, developers include restrictions not covered by community zoning regulations.
Can deed restrictions be enforced?
When seeking to have a deed restriction enforced, the courts will usually draw upon state and local laws. Thus, enforcement of deed restrictions can vary by region. Legal remedies for a violation of a valid deed restriction may include a monetary damages award or other types of compensation.
Can deed restrictions be changed?
Having a deed restriction removed is usually difficult according to Realtor.com, but can be done. The county courthouse where the property is located will have a copy of the restrictions or covenants for your address.
Can deed restrictions be amended?
How to change a deed restriction. Modifying a restrictive covenant isn't easy, but it's not impossible, either. First, go to your county courthouse and obtain a copy of the covenant, which often contains provisions for changing it or, if you're lucky, an expiration date.
Are deed restrictions enforceable?
Not all restrictive covenants are enforceable. Deed restrictions have become a popular tool for developers to preserve and protect the value of land, thereby making the property more attractive to buyers. Covenants are binding only between the present granter and grantee.
What happens if you violate a deed restriction?
A person injured by a violation of a deed restriction can go to court to seek an injunction against the violation. ... But if he determined that enforcing the deed restriction would be inequitable, unjust, or not in the public interest, he could order the owner to pay money damages to the people injured by his actions.
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