Defensive Covenants Purchasing A Home

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As well as zoning, some properties have covenants registered at the court that run with the property. These defensive covenants can put a serious pinch in your plans for an item of property.

Protective Covenants

While the like property is sold from owner to owner a defensive covenant remains essentially. The covenants are created to maintain a certain part of the region under consideration. The covenants might require a specific architectural style or use for the property to mention only some areas of restriction.

Land in a lovely area may have a protective agreement that prevents certain forms of growth for the land or houses about it. Significantly, these limitations may not arrive in the zoning laws, therefore make sure you study the difficulties before buying. Allows consider an example of a great buy gone wrong due to a protective covenant.

A covenant may limit the number of packages into that the property could be subdivided. Thus, you may find yourself in a situation in which you buy a 100 acre parcel having an eye toward subdividing it. Upon exploring the difficulties, you get the zoning regulations enable the lot to be cut in to quarter acre lots. Visions of revenue swirl before your eyes. Your growth goals, however, could turn to dreams when there is a protective covenant.

Assume you just do it and purchase the parcel. While showing it to a buddy, a friend from in the future walks up and introduces himself. You desperately explain you plans for subdividing only to be shocked when he tells you there is a protective covenant that prevents the creation of any lots under five acres. What if the agreement restricts ANY subdividing of the parcels? That great deal you got on the parcel may well not look so hot once the protective agreement is considered.

Therefore, how should you cope with protective covenants? First, you need to ask the vendor whether any exists for the home. 2nd, make sure since 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