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Deed Restrictions

Deed restrictions are clauses in a deed to a piece property which stipulate requirements regarding the use of said property. This is often used to create a sense of uniformity by the initial housing developers. In Houston, Texas, they are to some extent used in lieu of traditional zoning laws. For instance, it is possible to restrict certain businesses, such as a corner store, from being operated in an area.

Government Involvement

The enforcement of the deed contract of course generally involves the government. In Houston, Texas, the government has a Deed Restriction Enforcement Team which takes on a more active role. This is likely because Houston does not have traditional zoning laws.

Results

One critique of Houston's model based on deed restrictions (and some top-down regulations, short of traditional zoning laws) is that it leads to ineffective planning and unequal enforcement.

Sources

References

• Official information giving an overview of deed restrictions in Houston, Texas

• Official information about special enforcement of deed restrictions in Houston, Texas

• Article arguing the existence of de facto zoning regulation in Houston, Texas from the Rice Kinder Institute for Urban Research

• Definition on USLegal

Other Sources

• Examples of deed restrictions associated with a real estate company in the Ozarks

Further Reading

• Libertarian economist Walter Block on deed restrictions in the context of libertarian theory

• How Houston Regulates Land Use - Market Urbanism