Practice Area

Expired and Unenforceable Deed Restrictions

Texas Courts · Ch. 202 TPCA

Situation — How This Comes Up

The HOA is trying to enforce a restriction that was written 40 years ago and has not been followed by anyone in the neighborhood.

What You Need to Know First

A deed restriction that has been abandoned, waived through non-enforcement, or overtaken by changed conditions can be declared unenforceable by a Texas court — regardless of its original validity.

Full Analysis

Texas courts recognize three doctrines that can render a deed restriction unenforceable: expiration by its own terms, abandonment through widespread violation without enforcement, and changed conditions that have destroyed the purpose of the restriction.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480