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In Texas, a deed restriction can be enforced by:

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Question & Answer

Review the question and all answer choices

A

The city government

City government can enforce public zoning ordinances, but deed restrictions are private contracts to which the city is not a party and over which it has no enforcement authority. A city cannot file suit to enforce a private deed restriction unless it is itself a beneficiary of the covenant, which is extremely rare.

B

TREC

TREC (Texas Real Estate Commission) is a licensing and regulatory body for real estate professionals and has absolutely no jurisdiction over private property covenants or deed restriction enforcement. TREC's authority is limited to licensing, education, and disciplinary matters involving licensees.

C

Property owners in the subdivision

Correct Answer
D

The state

The State of Texas has no standing to enforce private deed restrictions because it is not a party to those private contractual agreements. State enforcement authority applies to public laws and regulations, not private covenants between property owners.

Why is this correct?

Answer C is correct because deed restrictions are private covenants enforceable only by parties with a legal interest in the restriction β€” namely, other property owners within the subdivision who benefit from the covenant running with the land, or an HOA authorized to act on their behalf under Texas Property Code Β§ 202.004. Texas courts have held that these private parties may seek injunctive relief to stop violations and damages for harm caused by breaches. The Texas Residential Property Owners Protection Act further defines the rights of property owners and HOAs in enforcing deed restrictions through civil action.

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