Texas Property Code 208.009 – Defense to Enforcement of Restrictive Covenant
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Terms Used In Texas Property Code 208.009
- Property: means real and personal property. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
An owner may not assert as a defense to the enforcement of a restrictive covenant that is part of a common scheme for preservation of historic property that the owner or a predecessor in title signed a blank signature page or similar procedural defect if the signature page was attached to a dedicatory instrument adopted by a historic neighborhood preservation association and:
(1) the dedicatory instrument has been recorded for more than two years; or
(2) the restrictive covenant is referenced in the owner’s title insurance policy obtained by the owner when the property was purchased.