Private Restriction on Ownership

Private restrictions on ownership, known collectively as encumbrances, are binding on anyone who gains interest in the property.  Following are examples of private encumbrances:

~Covenants, Conditions, and Restrictions (CCRs): limit the way the property owner can use the property. An example is Deed Restrictions created by the developer of the neighborhood saying that you can have no more than two dogs living on the property.

~Liens: claim on the property as security for a debt or for a fulfillment of monetary charge or obligation. An example of a voluntary lien is a mortgage.

~Easements: right given to one party by a landowner to use the land for a specified use. An example is giving an oil company the right to drive across your land for them to get to their pump on the property. Here is a great article talking about conservation easements in Texas. A lot of Texas land owners may have to deal with this situation and it is good to be informed about easements before they come to play.

~Profit a Prendre: nonpossessory interest in property that permits the holder to remove part of the soil or produce of the land. An example is the holder being able to remove certain wild animals off of the land.

~Adverse Possession: allows individuals to acquire title to land they do not own because they have openly possessed it for a statutory period of time (usually 7 to 20 years). An example is someone moving in to an abandoned house and claiming it as their own after at least 7 years. Here are the main Texas rules and limitations for adverse possession.

~Encroachments: unauthorized invasion or intrusion of a fixture, a building, or other improvement onto another person's property. An example is your neighbor building a fence that crosses onto your property.


Every real estate owner needs to pay close attention to each of these restrictions or else they can lose part or all of their title on the property that they own.