Winfrey Law Firm, PLLC

Real Estate Attorney in Spring, TX

Winfrey Law Firm, PLLC advises buyers, sellers, landlords and property owners in Spring, Texas on title, contract, deed restriction and boundary matters. Much of Spring is unincorporated Harris County, which changes how property rules are enforced. We take calls 24/7.

Spring is unincorporated, so deed restrictions do the work of zoning

Most of Spring lies in unincorporated northern Harris County rather than inside a city, and Harris County has no zoning ordinance. What governs use of a lot in Spring is therefore the recorded deed restrictions and the subdivision's restrictive covenants, enforced by the property owners association and, in some cases, by the county under Texas Local Government Code chapter 233. Owners around Old Town Spring and the older subdivisions off Spring-Cypress Road often find that a covenant recorded decades ago, not a city rule, decides whether a use is allowed.

Property owners associations

Texas Property Code chapter 209 governs most residential subdivision associations: it requires written notice and an opportunity to cure before many enforcement actions, gives owners a right to request records, and imposes limits and notice requirements before an association may foreclose an assessment lien. Deadlines in chapter 209 are short, and missing one narrows the options.

Title problems and closings

Title defects surface as gaps in the chain of title, unreleased liens, heirship issues on inherited land, or an easement that was never disclosed. Texas Property Code section 5.008 requires a seller's disclosure notice for most single-family resales, and the TREC promulgated contract sets the option period, financing and title objection deadlines. A defect found during the title commitment review is far cheaper to fix before closing than after.

Boundaries, easements and adverse possession

Fence-line and encroachment disputes are usually resolved with a current survey and the recorded plat. Where an occupant claims land held openly and continuously, the limitations periods in Civil Practice and Remedies Code chapter 16 — three, five, ten and twenty-five years depending on the claim — control. Access to acreage often depends on an express or implied easement rather than a public road.

Related pages

See our statewide real estate practice area, our guide to buying rural land in Texas, and real estate law in Cypress. For estate matters affecting title, see estate planning in Spring. Call (713) 300-0545.

This is general information, not legal advice. Prior results do not guarantee a similar outcome.

Spring Real Estate Law FAQ

Does Spring, Texas have zoning?
Most of Spring is unincorporated Harris County, and Harris County has no zoning ordinance. Recorded deed restrictions and subdivision covenants govern how property may be used.
Can a Texas HOA foreclose on my home?
Texas Property Code chapter 209 allows assessment lien foreclosure only after specific notice and cure requirements are met, and it gives owners rights to notice, records and, in some cases, redemption.
What does a seller have to disclose in Texas?
Texas Property Code section 5.008 requires a written seller's disclosure notice for most single-family resales, covering known defects and conditions of the property.
How are boundary disputes resolved?
Usually with a current survey and the recorded plat. Where possession is claimed, the adverse possession limitations periods in Civil Practice and Remedies Code chapter 16 apply.

Related pages

Call Winfrey Law Firm, PLLC at (713) 300-0545 — we take calls 24/7.