Deed Restrictions
As a deed-restricted community, Idylwood has been able to maintain its well-kept beauty while other inner-city neighborhoods have not fared so well. Idylwood updated and renewed its deed restrictions in 2005. Adobe Acrobat Reader is required to view the restrictions (download is free).
What Are Deed Restrictions?
Deed restrictions are written agreements that restrict or limit the use or activities that may take place on a property in a subdivision.
Deed restrictions appear in the real property records of the county in which the property is located. They are private agreements and binding upon every property owner in a subdivision. All future owners become a party to these agreements when they purchase property in deed restricted areas.
One of the primary purposes of most deed restrictions is to preserve the residential character of a subdivision by keeping commercial and industrial facilities out. For people who prefer to live in a totally residential environment, deed restrictions are desirable. Deed restrictions may legally prohibit a person from operating certain types of businesses from their home. In Houston, when property is not governed by deed restrictions, a property owner may be free to operate a commercial business in the neighborhood.
Most deed restrictions have an average life span of 24-30 years. Some are drafted to be in effect in perpetuity. Many deed restrictions contain a provision for automatic renewal after the initial 24-30 year span, unless the owners take some action to prevent renewal. Other deed restrictions, after the initial tern of 24-30 years, have to be renewed by written approval of a specified percent of the property owners.
Compliance and Building Permits
In order to protect neighborhood character and property values, the City of Houston is cooperating with citizens to ensure building permits are not issued in violation of deed restrictions. All building permit applications are verified for deed restrictions. See the City's Deed Restriction Compliance Notice and Building Permit Process for more information.