Deed restrictions are written agreements that restrict, or limit, the use or activities that may take place on property in a subdivision. These restrictions appear in the real property records of the county in which the property is located. They are private agreements and are binding upon every owner in a subdivision. All future owners become a party to these agreements when they purchase property in deed restricted areas.
A primary purpose of most deed restrictions is preserving the residential character of a subdivision by keeping out commercial and industrial facilities. For people who prefer to live in a wholly residential environment, deed restrictions are desirable.Deed restrictions may legally prohibit a person from operating certain types of businesses from their home. In Houston, where property is not governed by deed restrictions, a property owner may be free to operate a commercial business in the neighborhood.
Most deed restrictions have an average life span of 25 to 30 years. Some are in effect “in perpetuity.” Many deed restrictions contain a provision for automatic renewal after the initial 25 to 30 year span, unless the owners take action to prevent renewal. Other deed restrictions, after the initial term of 25 to 30 years, must be renewed by written approval of a specified percent of property owners.
Residents may obtain a copy of deed restrictions for their subdivision from the County Clerk of the county in which they reside. Each county charges a nominal fee for copies of deed restrictions. Harris County residents should contact:
Harris County Clerk
201 Caroline
3rd Floor
Houston, Texas 77002
Deed restrictions are powerful tools to help preserve the character of a subdivision or neighborhood. However, creating and/or revising them is an often lengthy labor intensive process. In seeking to create or revise deed restrictions in a neighborhood, much of your time will be spent garnering neighbor support.
What does the Deed Restrictions Development Program offer residents? Administered by the Planning & Development Department, the program offers the following assistance:
Assist neighborhood groups in organizing to create, renew or update deed restrictions.
Assist civic clubs in educating their neighbors about the benefits of deed restrictions.
To qualifying neighborhoods, provide free legal assistance to create, renew or modify deed restrict-ions through the Deed Restrictions Pro Bono Program, a collaboration with the Houston Bar Association and the Houston Volunteer Lawyer's Program (HVLP).
Who qualifies for assistance under the Deed Restrictions Pro Bono Program?
Subdivisions must meet all of the following criteria:
The average value of homes in the neighborhood must be less than $110,000 (the median housing value of Houston residential property was $119,400 in 2006.)
The subdivision must not have any mandatory assessment fees.
The subdivision must have at least 51 percent of the properties occupied by homeowners.
Interested neighborhood groups or civic groups should complete an application form, and mail it to:
City of Houston
Planning & Development Department
Attn:James Nimine, Program Coordinator
Neighborhood Planning Services
P.O. Box 1562
Houston, TX 77251-1562
Is assistance available for subdivisions that do not meet the Deed Restrictions Pro Bono Program criteria?
Yes. The Planning & Development Department offers technical assistance to subdivisions that do not qualify to participate in the Pro Bono Program. Neighborhood planners are available to provide information on property ownership or maps for your subdivision. See the Deed Restrictions Pro Bono Application Form.
What happens after residents submit an application for the pro bono program?
The Planning & Development Department reviews the application and determines if the subdivision qualifies for assistance under the program. If it does, a staff member is assigned to assist the subdivision.
Explain the steps required to successfully complete the deed restrictions process.
Suggest techniques for involving neighbors in the process.
Help with strategies to obtain the signatures required to record the deed restrictions.
Provide training for neighborhood leaders on how to effectively communicate the benefits of deed restrictions.
If a neighborhood meets the qualifications for pro bono assistance, an attorney who will provide legal services free of charge will be assigned from HVLP.
What is the responsibility of the neighborhood group?
Property owners in the neighborhood are the “driving force” behind the project. The neighborhood group is responsible for:
Notifying property owners and educating them about the benefits of implementing deed restrictions.
Reaching a consensus on what should be included in the new or revised deed restrictions.
Collecting signatures for the petition.
Ensuring the necessary documents are filed in the County Clerk's Office.
Enforcing the deed restrictions, once they are implemented.
The neighborhood group must also designate at least one resident as the “chief contact” for the project. This individual will receive a letter from the HVLP that explains the terms and responsibilities of the parties involved in the project.
What assistance does the Deed Restrictions Enforcement Program offer?
The Office of the City Attorney, Deed Restrictions Enforcement Team, administers a program designed to assist citizens, civic clubs, and neighborhood groups to enforce deed restrictions that are in effect in their subdivision. State of Texas statutes authorize the City of Houston to seek and enforce injunctions that require compliance with the following types of deed restrictions, specifically those that:
Affect land use,
Establish the distance that a structure must be set back from property lines, or
Affect the size of a lot
Affect the size, type and number of structures that may be built on a lot.
The Legal Department is not authorized to enforce any other types of deed restrictions, such as undesirable house colors or maintenance of the yard.The Deed Restrictions Enforcement Team follows up on complaints at no charge to the citizen or organization.
How do residents report deed restriction violations?
Complaints may be filed against a deed restrictions violator by completing a Deed Restrictions Complaint form and submitting it to:
City of Houston Legal Department
Revenue and Compliance Division
Attn: Deed Restrictions Enforcement Team
P.O. Box 1562
Houston, TX 77251-1562
Complaints can also be filed through the hotline at 713.437.6769.
The Deed Restrictions Enforcement Team has field investigators who investigate complaints and, in certain instances, testify in court. If necessary, the complainant may be asked to appear as a witness for the City at trial, should the City take the violating property owner to court.
What is the responsibility of the complainant?
The Deed Restrictions Enforcement Team relies on the complainant to help collect evidence of the violation. The more evidence obtained, the stronger the case will be. Examples of evidence include photographs, eyewitness accounts, and logs (recorded when the violation occurs) and documentary evidence such as business flyers, business cards and other printed material.
To get more information: For more information, e-mail:
