Deed Restrictions
Deed restrictions are what gives Mandell Place its character and charm. Mandell Place was founded in 1923, and we’re keen to continue enforcing our Deed Restrictions. The full text of the restrictions are shown below or you can download them here.
Mandell Place Deed Restrictions
Click here to download the full Mandell Place Civic Association Deed Restrictions
The following is a recitation of the deed restrictions as filed in the deed records of Harris County and applicable to property in Mandell Place, an addition to the City of Houston.
a. The cost of any residence erected on any corner lot in Blocks Two (2), Four (4), seven (7), Six (6), Eight (8), and Nine (9) in said addition shall be not less than five thousand dollars ($5,000.00), and on any inside lot in said blocks shall be not less than forty five hundred dollars ($4,500.00) except the residences erected on lots facing on Alabama Street in said blocks shall cost not less than five thousand ($5,000.00) and shall be built of stucco, brick, brick veneer, hollow tile or concrete.
b. No residence or other building or other improvements of any kind shall be erected on any lot or lots facing Alabama Street in said addition nearer than thirty (30) feet from the front property line of any such lot or lots, and those erected on any other lot in said addition shall be at least twenty five (25) feet from the front property line, except those erected on lots in Blocks Seven (7) and Eight (8), on which lots the improvements are to be a distance of at least twenty (20) feet from the front property line. The front line of the front porch of the house is to be considered the house line. All residences shall face on streets running east and west.
c. No fence of any character shall be erected on said premises within thirty five (35) feet of the front property line, unless the same shall be an iron picket yard fence, which shall not exceed thirty (30) inches in height, including the coping.
d. No barns, servants’ houses, carriage house, garage or other such building shall be erected on said lot or lots in said addition within seventy five (75) feet of the front property line, nor nearer than ten (10) feet to the property line of any street running along the side of the lot or lots.
e. No spirituous, vinous, or malt liquors or medicated bitters capable of producing intoxication, shall ever be sold or offered for sale on said premises or any part thereof, nor shall said premises or any part thereof ever be used for any business purpose of any character whatever.
f. For the purpose of protecting the streets and benefiting the civic appearance of the addition, the grantor reserves the right at all times to enter along the rear property lines of the lots of this addition within a distance of three (3) feet of such line, for the purpose of installing and repairing gas, sewerage, telephone and electric light services.
g. The restrictions contained in this deed do not apply as to Lot Eight (9) in Block Nine (9), on which a residence has already been built.
“The Grantees accepts this conveyance subject to the restrictions, easements and conditions above set forth, which it is agreed shall be deemed to be covenants running with the land…”
Simplified Deed Restrictions
A simplified version of the deed restrictions are summarized below. While the actual Deed Restrictions govern, these are written to be more easily communicated and consumed.
a. Homes must cost more than $5000.
b. Homes - including front porches - must be 25’ from the front property line (with a few exceptions for 20’). All homes shall face a street running east and west.
c. No fences are allowed within 35’ of the front property line unless it is an iron picket fence no taller than 30”.
d. No barns or garages can be built within 75’ of the front property line, nor 10’ from the ‘side’ property line of corner lots.
e. No businesses.
f. There is a 3’ easement along the back property line for utilities.
g. The restrictions do not apply as to Lot 8 in Block 9
History of MPCA Deeds
1923 - Guarantee Trust Co platted the eight blocks that make up Mandell Place. As per custom at the time, they included deed restrictions.
Sidebar: Guaranty Trust used the same boiler plate Deed Restrictions in many of their subdivisions. Other developers came up with different ones. For example, we have the same deed restrictions as Lancaster Place, but different from Winlow and Cherryhurst. And many nearby subdivisions had expiration clauses, often 50 years. We have no expiration clause—so ours “run with the land in perpetuity”
1980’s - Early versions of townhouses started popping up in Montrose. When a party named Sucasa started building 3 townhomes at 1616 Kipling, some neighbors realized that the (somewhat forgotten) Deed Restrictions could be used to stop them.
The matter was adjudicated by the City of Houston in 1988. The 1988 Case can be looked up via the Harris County District Clerk (https://www.hcdistrictclerk.com/, Login Required). Case No. 198536771-7. The City agreed to let Sucasa finish their townhomes, but also agreed to henceforth recognize our Deed Restrictions (except on Westheimer and W Alabama). This was the beginning of the MPCA.
2005 - A neighbor built an (unpermitted!) garage that did not meet the deed restrictions. 50+ Neighbors showed up to the general meeting to express their dissatisfaction with the neighbor and the MPCA for not enforcing the deed restrictions. Ultimately, the MPCA referred the neighbor to the City of Houston. The City of Houston made the neighbor tear down her garage.
2007 - MPCA applies for and gets Minimum Lot Size passed. See Minimum Lot Size page for more details.
2011 - The MPCA tried and failed to amend the deed restrictions. The MPCA found that i) it is illegal (and thus not possible) to alter the existing deed restrictions and ii) any new restrictions would require each household to ‘opt in’ thus making them optional.
2017 - MPCA was forced to hire legal counsel to enforce deed restrictions against a non-compliant neighbor. Legal counsel advised that the MPCA should be more strident with their enforcement, less the Deed Restrictions be ‘waived’ (see ‘Waiver’ FAQ). While there are existing non-compliant fences, the MPCA resolved that going forward, any new violations would be strictly enforced through MPCA.
FAQ
Why should I care about the Mandell Place Deed Restrictions?
Deed Restrictions are what gives Mandell Place its physical character and charm.
Deed Restrictions can be expensive to enforce. If neighbors willingly comply with deed restrictions, they require only minimal time and money to enforce. If neighbors do not comply, the MPCA often ends up paying in the form of volunteer time and legal fees - both of which could have been better spent on other things, such as neighborhood social events.
Deed Restrictions raise property value. The former (and best!) MPCA Deed Restriction Chairperson was a real estate agent and neartown investor. Her analysis shows that an average 3/1 bungalow in Mandell Place is valued at ~$80-100K more than a similar bungalow in Vermont Commons (just on the other side of Westheimer). A survey of research on the topic shows similar findings.
Deed Restrictions can be lost. If Mandell Place residents and the MPCA don’t collaborate to enforce deed restrictions, they may be ‘waived’ (see ‘Waiver’ FAQ).
What is the difference between a Civic Association and a Home Owners Association (HOA)?
When Guaranty Trust Co. platted the 8 blocks of Mandell Place, they included Deed Restrictions. Every original Deed, from the developer, Guaranty Trust, to the first owner, recited the Deed Restrictions by writing them right into the original Deed. And this binds each subsequent sale in perpetuity. Explicitly:
"The Grantees accept this conveyance subject to the restrictions, easements and conditions above set forth, which it is agreed shall be deemed to be covenants running with the land…"
This is how deed restrictions were written in the old days. MPCA Deed Restrictions ‘run with the land.’
The concept of a HOA only became popular in the 1960s and 1970s. Today’s HOA’s start with a governing document that is filed at the courthouse that states the restrictions, fines for violating them, and sets up a Board that governs.
MPCA is not an HOA and has no way to levy fines or file liens on violators.
Can Deed Restrictions be amended?
No. The MPCA tried and failed to amend the Deed Restrictions in 2011. They failed for two reasons. First, since the Deed Restrictions ‘run with the land’ - they cannot be amended. Second, if new Deed Restrictions were added - each current land owner would have to ‘opt in’ to enforce them. This is a ‘tragedy of the commons’ problem - Deed Restrictions are only useful if they are applied equally everywhere. The ‘opt in’ component doomed any new proposed Deed Restrictions.
What is a Waiver?
Since MPCA is neither an HOA nor a governmental body, we do not have the authority to approve or deny building plans. Instead, we monitor for potential deed restriction violations and work to have those violations corrected. Generally, our first step is to ask the property owner to remedy the violation. If the issue is not resolved, we may refer the matter to the City Attorney for enforcement of the deed restrictions. If those efforts are unsuccessful, MPCA may pursue legal action as a last resort.
Why should neighbors and MPCA go to all this effort? Because consistent enforcement matters. If deed restriction violations are repeatedly allowed to stand without action, a court could determine that certain restrictions have effectively been “waived” through a lack of enforcement, potentially weakening our ability to enforce them in the future.
This is at the heart of why MPCA takes deed restriction enforcement seriously. Protecting our deed restrictions requires us to address violations when they occur. Without consistent enforcement, we risk weakening the protections those restrictions provide to our neighborhood.
Resources
Actual Deed Restrictions - Each individual Lot / Block can order a copy of their original deed restrictions from the Harris County Clerk (https://www.cclerk.hctx.net/Applications/WebSearch/RP.aspx). Because records before 1960 are not available via search, you must fill out and email the Copy Order Form.
The City of Houston is NOT ZONED - Houston does not have one set of deed restrictions for all neighborhoods. Deed Restrictions are geographical by the boundaries of a subdivision. Click HERE to see more FAQs on the City of Houston Deed Restrictions. or visit the City of Houston’s Deed Restrictions Department.