What Are Deed Restrictions?

Real estate deed restrictions are restrictions on the deed that place limitations on the use of the property. Restrictive covenants are an example of deed restrictions. Deed restrictions are usually initiated by the developers - those who determined what the land would be used for, divided the land into plots, and built homes, office buildings, or retail buildings on it. Deed restrictions come with the property and usually can't be changed or removed by subsequent owners.

Deed restrictions govern more than just the construction of buildings on a property. Restrictive covenants in a residential neighborhood dictate what types of materials fences may be made out of, or establish limits regarding pets, such as how many pets can be kept in a home or the conditions they must be kept in. Covenants often protect the aesthetic appearance of the neighborhood by providing a list of acceptable paint colors for the exterior of the house, regulating tree-cutting and other landscaping issues, or prohibiting the use of the lot for storage of campers, trailers, boats, or cars that don't run.

Deed restrictions help protect your investment in the property and neighborhood. If your real estate agent, title company or the seller did not offer you a copy of the deed restrictions, check out the MUD website for information on how to request an official copy of your deed restrictions.

Deed Restrictions In Rattan Creek

Our neighborhood does NOT have a homogenous set of deed restrictions. Our neighborhood was built out in stages so as each new stage was developed, a new different but similar set of deed restrictions was created for each new section. Generally speaking, as we go north in the neighborhood. the deed restrictions become more strict. It is nearly impossible to go back and retroactively change deed restrictions once they are in place. For this process, each individual owner would have to agree to the change in their deed restrictions, and that is simply not realistic.

So we are left with at least 23 different sections, each under their own set of deed restrictions. And it can get very confusing. For a very detailed and real life example, we have 2 neighbors who live next door to each other on Dallas Drive. These 2 neighbors, again right next door to each other, happen to live in 2 different sections of our neighborhood. One of the neighbors is allowed to have a boat parked in his driveway. The neighbor right next door to him is not. And these are very enforceable deed restrictions.

Also an important distinction that many people don't fully understand. The RCNA is a neighborhood association, not a homeowner's association. If you understand the difference, awesome! If not, here is a wikipedia entry that better explains the role of a neighborhood association. Basically, the RCNA has no power whatsoever to enforce deed restrictions, that is solely a MUD power.

To report a possible deed restriction violation, go to the deed restrictions page on the MUD website and contact Sage Management, our deed restrictions review company, either by phone, email, online form, or even snail mail. Your report is anonymous. That is - unless the issue goes to court. Then the complainant may have to testify. That rarely happens, but you should be aware of that possibility.

The boat example is one very specific example, but one we hope that it illustrates a very important point. Do not assume anything when it comes to your section's deed restrictions. As was noted, there are at least 23 different sections of our neighborhood, which means there are at least 23 different sets of deed restrictions. It is simply not possible for an RCNA volunteer, or any of our Rattan Creek neighbors, to be thoroughly familiar with each different set of deed restrictions. And it is not correct to assume that just because your neighbor down the street or 1 block over, or sometimes even next door, has a particular deed restriction, that you do too.

On top of deed restrictions, there are also County ordinances that can sometimes be used for situations that are not covered by the deed restrictions. For example, a car sitting in the street for 30 days or more without being moved is considered abandoned and can be towed. Another example is the noise ordinance. Simply call the non-emergency dispatch for your county and that can be resolved - no involvement from the MUD or the RCNA is required.

To obtain an official copy of your deed restrictions, or to report a possible deed restriction violation, go visit the deed restriction page on the North Austin MUD #1 website. The MUD has a company that is paid to handle every single deed restriction complaint, and is familiar with all of our various deed restrictions. Do not hesitate to use that resource. Fill out the deed restriction violation form on the bottom of that page. It may take a little while, but they will investigate your submission and get back to you. Unfortunately, sometimes the answer is that there is nothing to be done. It is disappointing when that happens, but let's face it, sometimes life just isn't fair.

The normal process for a deed restriction violation starts with someone reporting either via the MUD page online form or via postal mail. We don't have dedicated people who drive around the neighborhood checking things out. That violation report goes to a company that contracts for the MUD - Sage Management - for review. If it is determined that there is indeed a deed violation, Sage Management will then send a letter with a 30 day notice. They will usually, but not always, send a second letter with another 30 day notice if the problem is not resolved within the first 30 days. After that, the issue gets sent to the MUD's law firm and legal action is taken.

Below you can view the deed restriction information we at the RCNA have on file for your section of the Rattan Creek subdivision. Don't know your section name? Check out your survey or title that you received when you signed the paperwork for your Rattan Creek home. If you don't have that...well....you might have to dig real deep!

We make no guarantee as to the accuracy or completeness of the listing on this page. This is simply provided as is for a place to start your research. If you have any comments questions about anything on this page (or this website for that matter), please send an email to webmaster@rattancreek.org, and we'll answer your questions to the best of our abilities, and get the answers integrated into this page or the website as well! Good luck!!

Again, to order your set of deed restrictions from the company that handles deed restrictions for the MUD, or to report a possible deed restriction violation, visit the deed restriction page on the North Austin MUD #1 website.

This listing of deed restrictions is supplied as a courtesy and is not final or official. Again, you want to order your official deed restrictions from our deed restriction management company, whose contact information is listed on the MUD Deed Restrictions page.

Deed Restriction Information