Deed Restrictions and Manufactured Homes in Texas Counties
In Texas, the biggest obstacle to placing a manufactured home on land is not state law, it is private deed restrictions. Counties outside city limits generally cannot zone residentially, but any recorded subdivision can permanently prohibit manufactured homes, mandate minimum square footage, or require specific foundation types. Buyers who skip the restriction check routinely end up with land they cannot legally use as planned. This guide shows exactly how deed restrictions work, what to look for, and how to verify a property before you buy.
Quick Answer: Order a title commitment and read Schedule B before closing on any land in Texas. If the subdivision prohibits manufactured homes or imposes minimum sqft, roof pitch, or foundation rules your home cannot meet, the restriction wins. Unrestricted acreage in rural counties is the safest bet, but even then you must confirm city ETJ and floodplain rules.
What Deed Restrictions Actually Are
A deed restriction (also called a restrictive covenant) is a private contract recorded against a piece of land that binds the current owner and every future owner of that parcel. When a developer subdivides a tract, they typically file a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) with the county clerk. Every lot sold out of that subdivision carries those restrictions into the new owner's deed, usually forever.
Restrictions are enforceable by any owner in the subdivision, by an HOA if one exists, and under Texas Property Code Chapter 202. Violating them can trigger injunctions, fines, and in extreme cases forced removal of the home at the owner's expense. Restrictions differ from zoning in a key way: zoning is public law set by a city, deed restrictions are private agreements set by the developer.
Restrictions That Commonly Block Manufactured Homes
Even in neighborhoods that look welcoming to mobile homes, the paperwork can say otherwise. Watch for these patterns on Schedule B of your title commitment:
- Express prohibition: "No mobile home, manufactured home, or modular home shall be placed on any lot." This is common in traditional subdivisions and is airtight.
- Minimum square footage: Anywhere from 1,200 to 2,400+ heated sqft. Restrictions above 1,800 sqft effectively rule out most single-wides and some double-wides.
- Foundation requirements: "All dwellings must be on a permanent masonry foundation." Rules out pier-and-beam installations common for manufactured homes.
- Roof pitch minimums: Requiring 4:12 or 6:12 pitch can disqualify older low-profile manufactured homes.
- Age or condition restrictions: Some communities ban any home built more than 5 or 10 years ago, which blocks used manufactured homes entirely.
- Exterior material rules: "Brick or stone on all four sides" is common and typically incompatible with manufactured home siding.
- Architectural review approval: Requires pre-approval from a committee, which may reject manufactured homes on aesthetic grounds.
Restriction Check: What Exists Where
The table below summarizes how Texas land tends to break down for manufactured home buyers. These are general tendencies, not guarantees. Every specific parcel must be checked individually.
| Property type | Typical restriction pattern | Buyer risk |
|---|---|---|
| City-platted subdivision (post-1970) | Usually prohibits MH or imposes high sqft minimums | High |
| Gated HOA community | Almost always prohibits MH; architectural approval required | Very high |
| Rural subdivision (1960s-1980s) | Varies widely; some allow MH with size minimums | Medium |
| Manufactured home subdivision | Explicitly allows and often requires MH | Low |
| Unplatted acreage outside ETJ | Often unrestricted; check prior owner's deed | Low to medium |
| Land in a park/community | Park rules in lease, not deed | Covered by rental agreement |
How to Research Restrictions Before You Buy
Do not rely on the listing agent, the seller, or the neighbors. Do the check yourself, or pay a title company to do it right.
- Order a title commitment: $150 to $400 in Texas, refundable into the title policy at closing. Schedule B lists every recorded restriction affecting the parcel.
- Read the recorded CC&Rs: The title company attaches them. Read the sections on "Use Restrictions," "Minimum Dwelling Size," "Foundation," and "Architectural Standards."
- Search the county clerk's records: Most Texas counties offer free online search (e.g., Travis County, Hays County, Williamson County). Look up the subdivision name or plat number.
- Check city ETJ: If the land is within 1 to 5 miles of a city limit, the city's Extraterritorial Jurisdiction may apply subdivision platting rules and building codes to new MH placement.
- Call the county development office: Confirm septic, flood zone, and any applicable county-level orders. Some counties have floodplain ordinances that restrict placement.
- Ask about an HOA: If one exists, get a copy of current rules, fees, and any pending amendments. The HOA is the day-to-day enforcer.
For the full legal framework on manufactured housing in Texas, see our Texas manufactured home regulations guide. If you are deciding between land placement and park placement, our park vs private land comparison covers the trade-offs.
HOAs vs. Deed Restrictions: Not the Same Thing
Deed restrictions exist on the land itself, recorded in the county clerk's office, and do not require any organization to be enforceable. An HOA is a separate entity (usually a nonprofit corporation) that may own common areas, collect dues, and have authority to enforce the CC&Rs and adopt rules.
You can have deed restrictions with no HOA (common in older rural subdivisions) or an HOA with additional rules layered on top of the recorded CC&Rs. In Texas, HOA rules must be consistent with the recorded restrictions and with Texas A&M Real Estate Center best practices documented for property associations. If there is no HOA, enforcement falls to neighbors, who can and do sue.
City ETJ and County Rules
Even unrestricted rural land can have government-level requirements to consider:
- City ETJ: Houston's ETJ extends 5 miles; Austin's extends 2 miles for most directions. Cities can enforce subdivision platting, drainage, and some construction standards in their ETJ.
- County floodplain orders: Almost every Texas county has floodplain management rules. Placement of a manufactured home in a FEMA Special Flood Hazard Area requires elevation and often a permit.
- Septic permitting: On-site sewage facility (OSSF) permits are required in most counties. Lot size, soil type, and distance to wells all affect approval.
- State MH installation rules: TDHCA installation standards and wind zone requirements apply everywhere in Texas, regardless of local restrictions.
- Cedar Park, Leander, Buda, Kyle: See our Cedar Park vs Leander placement guide for how city rules differ in fast-growing Central Texas suburbs.
Changing or Removing Deed Restrictions
Restrictions are hard to remove but not impossible. Most Texas CC&Rs include an amendment clause that requires a supermajority of owners (often 67 to 75 percent) to approve changes. For subdivisions without an amendment clause, Texas Property Code allows changes with 75 percent owner approval.
Some older restrictions automatically renew every 20 or 30 years unless owners vote against renewal. If a restriction has been repeatedly violated throughout a neighborhood without enforcement, a Texas court may find it "abandoned," but this argument is fact-heavy and rarely a good bet. Do not plan your purchase around beating a restriction in court. The TDHCA Manufactured Housing Division regulates the industry but has no authority over private deed restrictions.
Red Flags Before You Close
If any of these show up in your due diligence, stop and call an attorney before wiring funds:
- Title commitment Schedule B lists restrictions the seller did not disclose
- Minimum sqft exceeds your target home's heated area
- HOA has pending amendments or an active enforcement action
- Property is in a city ETJ with recent annexation discussions
- Flood zone requires elevation that makes the installation uneconomic
- Seller disclosure says "unknown" about restrictions or HOA
- Another manufactured home nearby was forced to move in the last 10 years
Frequently Asked Questions
If my land is unrestricted, can the neighbors still stop me from putting a manufactured home on it?
If no deed restrictions and no city regulations apply, neighbors cannot stop lawful placement. They can still file nuisance or zoning complaints, especially over septic, drainage, or junk vehicle issues. A pre-purchase conversation with adjacent landowners is cheap insurance, and a clean installation under TDHCA standards with proper skirting removes most objections.
What happens if I place a manufactured home in violation of deed restrictions?
A neighbor or HOA can file suit in county or district court for an injunction. Texas courts routinely order removal or conversion of non-conforming homes and can award attorney's fees to the winning party. The financial hit is usually far worse than the cost of proper pre-purchase diligence.
Do deed restrictions apply to modular homes the same way as manufactured homes?
Not always. Many restrictions specifically name "mobile homes" or "manufactured homes" and do not address modular homes, which are built to state residential codes rather than the HUD Code. However, sqft, foundation, and roof pitch rules often apply to any dwelling regardless of type. Always read the exact language.
Can a subdivision developer change the rules after I buy?
Only within the bounds of the recorded CC&Rs. If the declaration includes a developer's right to amend during a build-out period, yes. Once the developer has sold the required number of lots, amendments usually require owner votes. Read the declaration to understand the developer's remaining powers.
How long do deed restrictions last in Texas?
Most run for an initial term of 20 to 40 years with automatic renewals unless a supermajority votes against renewal. Some are perpetual. Texas Property Code Section 203 provides a mechanism to extend or modify restrictions for certain older subdivisions, but assume your restrictions are here to stay.
Looking at land for a manufactured home placement and want a second set of eyes on the restrictions? Mobile Buy Buy has walked hundreds of Central Texas parcels and can flag red flags in a title commitment before you waste earnest money. Call (737) 777-9437 or submit a buyer inquiry and we'll help you pick land you can actually use.