In Texas, deed restrictions are enforced by:
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The state government
The state government does not enforce deed restrictions. These are private agreements, not state laws. Government agencies lack authority to enforce private contracts between property owners.
Local zoning boards
Local zoning boards enforce government-imposed zoning ordinances, not private deed restrictions. Zoning and deed restrictions are separate regulatory systems with different enforcement mechanisms.
Property owners or HOAs through civil action
TREC
TREC (Texas Real Estate Commission) licenses and regulates real estate professionals but does not enforce deed restrictions. This is outside their statutory authority, which focuses on industry oversight.
Why is this correct?
Deed restrictions are private agreements in property deeds that bind current and future owners. Since they are private contracts, enforcement falls to the parties who benefit from them—either individual property owners or homeowners associations—through civil lawsuits rather than government action.
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