The Neighborhood · Est. 1973
Deed restrictions protect the character and value of Houston Heights properties. They are a matter of public record — enforceable and binding on all owners.
What Are Deed Restrictions?
Deed restrictions are private agreements recorded in Harris County that govern how properties in Houston Heights can be used and developed. Unlike zoning — which is a government regulation — deed restrictions are contractual obligations that run with the land and bind every owner, now and in the future.
Below is the current version of the Houston Heights Association deed restriction document. Deed restrictions are a matter of public record and can be found at the Harris County Clerk's office, 1010 Preston Street.
You or a title company can do a search to determine whether a specific property is deed restricted. If you have questions about the application of Heights deed restrictions or the effect of modification documents, download the affidavit below.
For questions about the application of Heights deed restrictions or the effect of modification documents, download the Joint and Mutual Covenant Agreement (PDF).
Download Affidavit (PDF) →Deed restriction records are publicly available at:
1010 Preston St, Houston TX 77002
The Document
The full deed restriction document, organized by article. Click any section to expand it.
Owner refers to the record owner, whether one or more persons or entities, of the fee simple title to any of the Property, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.
Property refers to all real property subject to this agreement as set forth in Exhibit A.
Lot means any plot of land shown on the recorded plat of Houston Heights, as amended.
No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and a half stories in height.
Accessory structures such as garages or storage buildings are permitted provided they comply with setback and coverage requirements and do not exceed the height of the primary structure.
No dwelling shall be permitted on any lot if the total enclosed living area of the ground floor is less than the minimum square footage established for that block or section at the time the restrictions were recorded.
All dwellings shall be constructed of materials of good and durable quality. No structure of a temporary character shall be used as a residence at any time.
No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat.
No building shall be located nearer than five feet to an interior lot line. No detached garage or other accessory building shall be located nearer than five feet to any lot line other than the front lot line.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
These restrictions, covenants, and conditions shall run with the land and shall be binding on all parties having any right, title, or interest in the property and their heirs, successors, and assigns.
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant. Failure by any owner to enforce any covenant shall not be deemed a waiver of the right to do so thereafter.
The Houston Heights Association, as the representative body of the neighborhood, is authorized to enforce deed restrictions on behalf of property owners within the designated area.
These covenants are to run with the land and shall be binding for an initial term, after which they shall be automatically extended for successive ten-year periods unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change the covenants in whole or in part.
Any modification requires a formal process including notice to all affected property owners, a recorded instrument at the Harris County Clerk's office, and compliance with applicable state law governing deed restriction amendments.
Enforcement
If you believe a property in Houston Heights is violating deed restrictions, contact the HHA. We can advise on the enforcement process and, where appropriate, act on behalf of affected property owners.
Questions?
The HHA Land Use Committee handles deed restriction questions, enforcement, and guidance for Heights property owners.
