Texas Water Code

Sec. § 54.237
Enforcement of Real Property Restrictions


As used in this section, “restriction” means a limitation on the use of real property that is established or incorporated in properly recorded covenants, property restrictions, plats, plans, deeds, or other instruments affecting real property in a district and that has not been abandoned, waived, or properly rescinded.


A district may take all actions necessary to enforce a restriction, including the initiation, defense, or intervention in litigation or an administrative proceeding to enjoin or abate the violation of a restriction when, in the reasonable judgment of the board of directors of the district, enforcement of the restriction is necessary to sustain taxable property values in the district.


In addition to damages which a district is entitled to recover, a district shall be entitled to recover its costs and reasonable attorney’s fees when a district is the prevailing party in litigation or an administrative proceeding to enforce a restriction.
Added by Acts 1991, 72nd Leg., ch. 820, Sec. 3, eff. Aug. 26, 1991.

Last accessed
Jun. 7, 2021