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As well as zoning, some properties have covenants recorded at the courthouse that run with the property. These defensive covenants could put a significant touch in your plans for a bit of property.

Defensive Covenants

Since the property comes from owner to owner a agreement remains in effect. The covenants are made to maintain a particular facet of the area under consideration. The covenants might need a specific architectural style or use for the land to mention only some areas of limitation.

Land in a scenic place may have a protective covenant that prevents certain forms of development for the property or houses about it. Importantly, these limits may well not appear in the zoning laws, therefore make sure the issues are researched by you before buying. Lets consider an example of a great buy gone wrong because of a protective covenant.

A protective agreement might limit the amount of parcels into which the property could be subdivided. Thus, you may find yourself in a situation by which a one hundred acre parcel is bought by you by having an eye toward subdividing it. Upon studying the difficulties, you get the zoning laws enable the package to be cut into quarter acre lots. Dreams of gain swirl before your eyes. Your growth dreams, however, can turn to dreams when there is a protective covenant.

Suppose you just do it and purchase the lot. While showing it to a buddy, a friend from later on walks up and presents himself. You desperately describe you plans for subdividing only to be surprised when he tells you there is a protective agreement that prevents the formation of any lots under five miles. Imagine if the agreement restricts ANY subdividing of the packages? On the lot that good deal you got may well not look so hot when the protective agreement is considered.

So, how in the event you deal with protective covenants? First, you should ask the vendor whether any exists for the home. Second, make sure as the title company will certainly look for any defensive covenants before issuing a policy title insurance is bought by you.Borgelt Law 614 S. Capital of Texas Hwy Austin, TX 78746 512-600-3467 candidates for office in texas