Land Use & Zoning
A Texas developer builds in a location that has both private deed restrictions and city zoning. When the restrictions conflict, the more restrictive rule:
AThe city zoning always prevails
BThe private deed restriction always prevails
CGenerally applies — either the deed restriction or zoning can require more restrictive use than the other✓ Correct
DIs determined by TREC on a case-by-case basis
Explanation
When both deed restrictions and zoning apply to a property, both must be complied with. The more restrictive of the two controls what can be built. A property owner must comply with whichever imposes the greater limitation.
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