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In addition to zoning, some houses have covenants registered at the court that run with the area. These protective covenants may put a critical touch in your plans for an item of property.
Defensive Covenants
A covenant remains essentially as the property comes from owner to owner. The covenants are created to maintain a specific aspect of the area under consideration. The covenants may need a particular architectural style or use for the land to say only some areas of restriction.
Land in a beautiful place could have a protective covenant that prevents certain kinds of growth for the land or properties about it. Significantly, these limitations may well not appear in the zoning regulations, therefore make sure you study the problems before buying. Lets consider a good example of an excellent buy gone wrong as a result of protective covenant.
A covenant may reduce how many parcels into which the property can be subdivided. Thus, you may find your self in times where a one hundred acre parcel is bought by you by having an eye toward subdividing it. Upon exploring the problems, you will find the zoning laws enable the lot to be cut in to quarter acre lots. Ideas of gain swirl before your eyes. Your development goals, nevertheless, can turn to nightmares when there is a protective covenant.
Suppose you go ahead and purchase the package. A friend from in the future walks up and introduces himself, while showing it to a friend. You consistently explain you plans for subdividing only to be shocked when he tells you there's a protective covenant that prevents the development of any lots under five acres. What if the agreement limits ANY subdividing of the parcels? On the lot that good deal you got might not look so hot when the defensive agreement is considered.
Therefore, how should you handle protective covenants? First, you need to ask the seller whether any exists for the house. Minute, make sure you buy title insurance as the title company will definitely search for any defensive covenants before issuing a policy.Borgelt Law 614 S. Capital of Texas Hwy Austin, TX 78746 512-600-3467 regulatory attorney austin
