Deed restrictions are one of the most overlooked parts of buying property in the Hill Country. They can decide whether you can rent the guest house, keep horses, build a barn or split off a few acres later. I always tell my buyers to read them before they fall in love with a property, not after. Here is what you need to know.
Please note: This is general information, not legal advice. For questions about how a restriction applies to your plans, talk with a real estate attorney.
What Deed Restrictions Are
Deed restrictions, sometimes called restrictive covenants, are rules recorded against a property that limit how it can be used. They are usually created by the developer when a subdivision is platted, and they typically stay with the land when it sells. That means the rules bind you as the new owner, even if you never signed them.
Restrictions are different from zoning. Zoning comes from the city. Deed restrictions are private rules, often enforced by a property owners association or by other owners in the subdivision. A property can be outside the City Limits, with no city zoning at all, and still have strict deed restrictions.
Where to Find Them
- County records: Restrictions are recorded in the real property records of the county clerk. In Gillespie County, that is the Gillespie County Clerk.
- The title commitment: When you are under contract, the title company issues a commitment that lists recorded restrictions and easements as exceptions.
- The POA or HOA: If there is an association, ask for the restrictions, any amendments, the bylaws and any rules adopted by the board.
- Your agent: I pull restrictions early so my buyers can read them before they make big decisions.
Look for amendments, too. Restrictions are sometimes updated over the years, and the newest version is the one that matters.
Common Restrictions I See in the Hill Country
Every subdivision is different, but these are the topics that come up most often:
- Short-term rentals: Some neighborhoods prohibit rentals of less than 30 days, or limit leasing in other ways. This matters inside and outside the City Limits.
- Minimum home size: Many restrictions require a minimum square footage for the main house.
- Building materials and design: Some require a percentage of stone or masonry, certain roof materials, or architectural committee approval before you build.
- Setbacks: Rules on how far structures must sit from property lines and roads.
- Manufactured homes: Many subdivisions prohibit mobile or manufactured homes.
- Animals: Limits on livestock, horses, poultry or the number of animals per acre.
- Further subdivision: Rules that stop you from splitting a tract into smaller lots.
- Outbuildings and guest houses: Limits on barns, shops, guest quarters and when they can be built.
- Commercial use: Restrictions on running a business from the property.
Why This Matters for Land and Ranch Buyers
If you are buying acreage, restrictions can affect your long-term plans. Maybe you want to keep cattle for an agricultural valuation, add a guest house for family, or eventually build a second home on part of the land. Make sure the restrictions allow it. I cover more of this in my guide to buying Hill Country land and ranches.
Why This Matters for STR Buyers
A property can meet every city rule for short-term rentals and still be off-limits because of deed restrictions. Outside the City Limits, the city does not currently require an STR permit, so private restrictions may be the main thing deciding whether you can rent. Read them closely if rental income is part of your plan. My guide to buying a short-term rental in Fredericksburg goes deeper.
How to Review Restrictions During Your Contract
- Read them early. Ideally before you write an offer, and no later than the start of your option period.
- Use your objection period. The Texas contract gives buyers time to review the title commitment and object to certain items. Know your deadlines.
- Get a survey. A survey shows setbacks and easements on the ground, which helps you see whether your plans fit.
- Ask the association. Ask about pending amendments, violations on the property and any architectural approvals you would need.
- Call an attorney when needed. If the wording is unclear, or your plan depends on one specific rule, get legal advice before your option period ends.
Restrictions Can Be a Good Thing
Restrictions are not always bad news. Many buyers choose a restricted subdivision on purpose because the rules protect views, home values and the feel of the neighborhood. The goal is not to avoid restrictions. The goal is to find a property whose restrictions match how you want to live.
Looking at a property and not sure what the restrictions allow? Contact me and we will review them together.