Covenants, Conditions, and Restrictions for Land Use
When you purchase property, there could be a set of covenants, conditions, and restrictions (CC&Rs) connected to it. If there are CC&Rs, you may be legally bound to abide by them. So you should carefully read the language of any CC&Rs before you purchase a property. If you have questions or concerns, consult with an attorney. Real estate brokers may be familiar with the terminology, but they can’t provide you with legal advice or counsel on such matters.
What are covenants, conditions, and restrictions?
Covenants regulate what landowners can and cannot do with their property. Essentially, they are rules placed on the use of land to which landowners agree to abide by when they purchase real property. Most planned subdivisions, condominiums, and similar housing developments use covenants to maintain aesthetic quality and property values. Since covenants are often grouped together with other conditions and restrictions, they are commonly referred to as “CC&Rs”.
CC&Rs may affect:
- Landscaping
- Vehicle parking
- Lawn maintenance
- Improvements to the property
- Pets and other animals
In communities governed by a Homeowners Association (HOA), the HOA is often tasked with the responsibility of enforcing landowners’ compliance with the CC&Rs. Failure to do so could result in fines, or even a lien on your property.
When are you legally bound to CC&Rs?
CC&Rs may be recorded on the property deed and, if so, are legal and binding on the landowner. It is common for developers to file a declaration of covenants that are applicable to each lot sold within their development at the time of plat approval filing. If so, the CC&Rs will “run with the land” and be enforceable against all future owners.
Alternatively, a group of landowners within a subdivision may enter into an agreement and be legally bound to abide by the CC&Rs. Thus, landowners should review any applicable CC&Rs before purchasing a property.
Still have questions?
Contact Texas Land Brokers with your questions about covenants, conditions, and restrictions. Tony Malley is real estate attorney and broker who can walk you through the entire purchasing process, including legal issues like CC&Rs. With industry knowledge, legal expertise, and honest communication, we provide you with a fully turnkey purchasing experience.
