Here in Texas is it legal to impose a deed restriction on undeveloped rural property that prohibits build a home or any other building structure?

Example. 500 acre ranch. As part of the sales contract, buyer must accept a deed restriction that prohibits building a home or other building structure or placing a mobile home or travel trailer on a 100 acre portion of the property.

I have seen some pretty tough deed restrictions but they were always on property that was developed to some degree.

Any help is appreciated. thanks

I'm a lawyer and I do a lot of real estate law. I am not aware of anything that would make this type of restriction illegal or unenforceable. Probably not what you wanted to hear. There is a trend toward "conservation easements" that restrict the development of land. I would assume that what you are describing is a variation of a conservation easement.

I'm not a lawyer, but there is a deed restriction on my place (in the country) against mobile homes and chicken houses.

Who holds the easement or imposes the restriction? Work out a deal with them.

actually, that is exactly what I wanted to hear. I'm the seller. My goal is to keep the buyer or future buyers from placing anything too close to our fenceline and therefore our house.

Thanks

[This message has been edited by Urban Ag (edited 12/11/2008 11:49p).]

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My goal is to keep the buyer or future buyers from placing anything too close to our fenceline and therefore our house.

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Easy solution.

Don't sell.

It's only a small part of the overall. And they want it oh so bad......

Make sure you record it.

you betcha (Palin)

you do realize that your handle makes absolutely no sense in regard to this thread?!?

I am not a lawyer. I am a real estate broker. Deed restrictions must have a designated time period. They can renew automatically at the end of the term. They cannot be written in perpetuity or they will considered legally void.

You can deed restrict just about anything you can think of, as long as you do not discriminate against a protected class. Any violation of discrimination will void the entire set of restrictions. And Yes, you want to make sure that they are recorded at the local County Court house.

Deed restrictions are not the responsibility of the law to enforce. If there ever is a violation, it will be you or anyone else who is concerned resonsibility to enforce. Usually ends up going through the judicial system.

I highly recommend having a real estate attorney write the restrictions



[This message has been edited by FritztownAg (edited 12/12/2008 8:26a).]

Good advice.

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I highly recommend having a real estate attorney write the restrictions

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Good advice.

Ahhhh... the dreaded rule against perpetuities... Shelly's case. Property I. Anyone? Law school geeks? Bring back fun memories?

Fritztown pretty much summed it up. I am a Realtor and have had sellers keep some of the land to live on, and put some restrictions on the land they are selling. Most of the ones I have seen are like another poster said: No Mobile Homes, No Commercial Operations, No Dumpsite, etc.