Basic Principles of Restrictive Covenants

Restrictive Covenants, also known as deed restrictions, are an established means of regulating land use and preserving and protecting the value of the land and have been used in Texas since 1914.  (Hooper v. Lottman 171 S.W. 270, Tex. Civ. Ap. 1914)  Recording deed restrictions in county deed records gives constructive notice to all subsequent purchasers, and binds them to the terms and conditions. ( Baywood Estates Prop. Owners Ass’n. v. Caolo 392 SW3rd 776, 782)  Restrictive covenants are said to “run with the land” and govern such things as 

1. The kind, character and location of buildings and other structures, and

2. Property use

More information about Restrictive Covenants:  https://en.wikipedia.org/wiki/Covenant_(law)

The governing documents of Pedernales Place Unit One and Unit Two are the Restrictive Covenants and Use Limitations. The Restrictions apply to and bind all present and future owners of lots in Pedernales Place because they have been filed in the Blanco County deed records. 

The Restrictive Covenants applicable to Pedernales Place

• detail the scope of restrictions (sec. 1) 
• set out definitions (sec. 2) 
• establish an Architectural Control Committee (sec. 3) 
• detail general and specific land use regulations (sec. 4 & 5)  
• provide guidelines for size, design, placement of improvements (sec. 6) 
• set a duration for the restrictions (sec. 7) 
• provide for amendment of the restrictions (sec. 8)  
• provide for enforcement of the restrictions (sec. 9). 

Section Three (3) of the Restrictive Covenants define the rights, authority and obligations of the ACC.  

• Sec. 3.2 provides that no building or improvement may be constructed within Pedernales Place until plans and specifications have received written approval from the ACC.  
• Sec. 3.5 gives the ACC the right and authority to waive, modify, alter, change or approve any restriction contained in the Restrictive Covenants, if the ACC deems the change to be necessary or required for the best appearance of Pedernales Place. 
• Sec. 3.6 gives the authority to make final decisions in interpreting the general intent, effect and purpose of the Restrictive Covenants.