Can deed restrictions block a small or container home?

Yes. Deed restrictions can legally require a minimum house size, specific exterior materials, a construction deadline, or limits on livestock, and a small factory-built home may not meet them. A Texas A&M Real Estate Research Center review of restricted rural subdivisions found examples such as minimum home sizes from 1,500 to 2,800 square feet, masonry exteriors and starting construction within one year. Many restrictions also ban "temporary" structures or require architectural committee approval. Associations can enforce covenants through fines, self-help and lawsuits, and Texas law allows damages of up to $200 per day of violation in some cases. Read the full recorded restrictions before buying.

Check your local rule. This varies by state, county or city. Your permitting office has the final word; the official lookup pages below show you who that is.

Sources

• Rural Land: Green Acres, It's the Place to BeTexas A&M Real Estate Research Center
• Property Owners Associations: CC&RsTexas State Law Library