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In Texas, deed restrictions are enforced by:

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Question & Answer

Review the question and all answer choices

A

The state government

The state government does not enforce deed restrictions because they are private contractual agreements, not public laws or regulations; state government enforcement would be appropriate only for zoning ordinances or building codes, not private covenants.

B

Local zoning boards

Local zoning boards have no authority over deed restrictions because deed restrictions are private agreements, not public zoning instruments; zoning boards enforce zoning ordinances, which are entirely separate from and can coexist with deed restrictions on the same property.

C

Property owners or HOAs through civil action

Correct Answer
D

TREC

TREC (Texas Real Estate Commission) is the state agency that licenses and regulates real estate professionals in Texas; it has no enforcement authority over deed restrictions, which are private property law matters outside its regulatory jurisdiction.

Why is this correct?

Answer C is correct because deed restrictions are private agreements recorded in the chain of title, and their enforcement mechanism is civil litigation initiated by affected property owners or homeowners associations, not government action. In Texas, courts have consistently upheld the right of neighboring property owners and HOAs to seek injunctive relief and damages when a property owner violates recorded deed restrictions. The Texas Property Code, including provisions governing HOA authority under Chapter 202, confirms that enforcement of restrictive covenants is a private civil matter, not a governmental regulatory function.

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