Real Property Rights And Land Use
One of the most critical factors you need to consider when buying real property in Texas is whether the property in question has any restrictions on how you can use it. From easements to restrictive covenants, there are several encumbrances that can restrict your rights as a property owner.
At Kelly Legal Group, we have a team of highly skilled and knowledgeable attorneys who have decades of combined experience in handling a wide range of real estate-related issues – ranging from zoning to physical land use, deed restrictions, easements, surface rights, existing improvements, property taxes, possession, mortgage, sale, purchase, rent, lease, construction, and more. We can provide you with the legal information and guidance you need, steer you around potential legal obstacles, and assist you in completing your project successfully.
An easement is an arrangement under which a third party can access or use a portion of your property. Easements are non-possessory in nature, which means the third party in question can only use your property for a specific purpose and does not have any property ownership rights.
For instance, if your property is adjoined by a landlocked property, the other owner might be able to access their property only by passing through your property. In such a scenario, an easement might be necessary.
Another common type of easement is utility easement, which allows utility companies to use a portion of the property to install and maintain gas, electric, water, and sewer lines.
If your property is adjoined or located very close to a public place like a park, beach, lake, or any spot of historical significance – the general public might have the right to access your property to visit that place. This arrangement is commonly referred to as a public easement.
A deed restriction – also known as a restrictive covenant – is an encumbrance on a property that limits or restricts what you can do with the property and how you can use it.
Deed restrictions can be placed by a homeowners’ association, community association, or residential subdivision. The most common types of restrictions that can be imposed on properties include:
- Restrictions on removing trees and vegetation
- Restrictions on the size of structures that can be built
- Prohibition of certain architectural styles
- Setback requirements
- Restrictions on what kind of business can be run
Deed restrictions in Texas can be broadly classified into personal and real restrictions.
A personal restriction only exists between two parties – the seller and the buyer. Once the property in question is sold to a third party, the restriction becomes invalid.
A real restriction, on the other hand, runs with the property, which means the limitations are applicable to the property – no matter how many times it is sold. Even if one party has the legal title, their legal rights as the owner (commonly referred to as the bundle of rights) might be limited by these restrictions.
At the same time, if an easement or covenant is unreasonably restrictive or if it violates local laws, ordinances, or any federal law, it might be deemed unlawful or unenforceable.
Get the Right Legal Advice from Our Texas Real Property Rights and Land Use Lawyers
If you are looking to buy real property anywhere in Texas, the real estate lawyers at Kelly Legal Group can do due diligence reviews, find out if there are any easements, restrictive covenants, and other encumbrances that can affect your personal or business interests. They will devise the right strategy to resolve the issues and to help you assert your rights inherent as the property owner.
Call our law firm today at 512-505-0053 or contact us online to schedule a free consultation with one of our diligent Texas zoning and land use lawyers.