Specifically in Calhoun County. Our buyer's agent says he has them but has yet to send them, the HOA hasn't been formed yet, and the developer is out of business.

I know they exist because current residents have said they would share them but never did and the agent we're using said he has a copy. Probably looking at getting a new agent.

Anyway, is there a way to look them up online?

Have you seen a title commitment yet? Everything filed against the property should be on there. If you aren't at that stage, just give them a window to provide them with the ability to cancel within 3 days of receipt. If they don't want to do that, tell them to produce them.

dallasiteinsa02 said:

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Have you seen a title commitment yet? Everything filed against the property should be on there. If you aren't at that stage, just give them a window to provide them with the ability to cancel within 3 days of receipt. If they don't want to do that, tell them to produce them.

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We haven't even selected a lot or decided if we want to buy there. Everything looks good on the surface but we wanted to see the restrictions first. If they aren't to our liking then there's no sense in wasting time looking at this subdivision.

Call your county real property records office and ask them to walk you through it. You'll likely have to go to their office to do the research. Or pay for a title search.

Calhoun County looks to have decent online access to recent records. I can put you on the restrictions if you'll post some details on the development.

Side question. Who enforces a deed restriction such as no mobile homes on rural type property? Not in a traditional HOA. How are these restrictions policed?

normaleagle05 said:

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You hire a lawyer and sue the bad actor in district court.

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Houston's city attorney offers this service for free.
https://www.houstontx.gov/legal/deed.html

Probably the owner or their successor that sold the land and who likely inserted the deed restriction when the restricted property was sold. But you will have to look at the restriction itself.

Martin Q. Blank said:

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normaleagle05 said:

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You hire a lawyer and sue the bad actor in district court.

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Houston's city attorney offers this service for free.
https://www.houstontx.gov/legal/deed.html

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Right, but the authorizing statute limits that power to Houston and one tiny town in the Hill Country. So it doesn't exactly apply to "rural type property".