Land Use & Zoning
In Texas, a 'residential subdivision' deed restriction that prohibits commercial use of lots is:
AOnly enforceable for 10 years
BA private restrictive covenant enforceable by owners in the subdivision for the duration specified in the restriction✓ Correct
CSuperseded by any municipal zoning ordinance
DOnly enforceable by the original developer
Explanation
Residential subdivision deed restrictions are private restrictive covenants that run with the land and are enforceable by any lot owner in the subdivision as a third-party beneficiary. They can last indefinitely or for a specified term. They are NOT superseded by zoning—both restrictions and zoning apply simultaneously.
Related Texas Land Use & Zoning Questions
- In Texas, 'deed restrictions' in a residential subdivision are:
- Under Texas law, a municipality may annex territory within its extraterritorial jurisdiction (ETJ). Recent Texas legislation has made involuntary annexation:
- Texas is unique among major states because most of its cities, except Houston, have zoning but Houston famously operates without traditional Euclidean zoning. Houston instead regulates development primarily through:
- Texas law prohibits discrimination in housing based on the Texas Fair Housing Act. For enforcement purposes, this law is administered by:
- A Texas municipality enacts an ordinance requiring all new residential construction to have a minimum lot size of 10,000 square feet. A landowner with a 6,000 square foot lot that was legally built upon before the ordinance seeks to add a room. This is an example of:
- Texas Property Code Chapter 211 grants municipalities the authority to regulate the use of land and buildings. Which of the following is NOT a standard municipal zoning authority?
- Texas municipalities that adopt 'inclusionary zoning' ordinances (requiring affordable housing units in new developments) face restrictions because:
- A 'conditional use permit' (CUP) or 'special use permit' (SUP) in Texas zoning allows:
Practice More Texas Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Texas Quiz →