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Deed Restrictions, Easements and Mineral Rights for a Smith County Barndominium

Three recorded things can override your floor plan: deed restrictions, easements, and mineral rights. All three are public record.

In short

  • Deed restrictions are recorded rules on the lot. Some limit house size, siding, roof material or outbuildings, which matters for a metal building.
  • Easements give a utility, pipeline or neighbor the right to use a strip of your land. Their written terms decide what you can build on or near them.
  • Mineral rights can be owned by someone other than the surface owner. Texas calls the mineral estate "dominant."
  • All three are found in recorded documents before you close. A title company or attorney reads them; we do not.
On this page
  1. Which rule actually decides what you can build?
  2. How to read deed restrictions before you pay for plans
  3. What an easement lets someone else do on your land
  4. Who owns the minerals, and why it matters in East Texas
  5. A before-you-close sequence
  6. Questions to ask
  7. Official sources
  8. Frequently asked questions

Many people tour land, pick a barndominium plan, and only then learn what the paperwork allows. This guide to deed restrictions, easements and mineral rights for a Smith County barndominium explains what each term means and where to look. We are a referral service, not a builder or law office, and this is general information, not legal advice.

Recorded documents to get3 setsdeed and restrictions, easements, mineral reservations
Where they are keptCounty ClerkSmith County official public records
Best time to checkBefore closingideally inside your option period

Which rule actually decides what you can build?

Each of the three works differently. Mixing them up is how people plan a shop where a pipeline runs, or order a metal exterior a subdivision bans.

ItemWhat it isIt can limit
Deed restrictions or HOA covenantsRules recorded against the lot or subdivisionSize, materials, outbuildings, animals, setbacks
EasementsA recorded right for someone else to use part of the landWhere the house, shop, septic and well can go
Mineral rightsOwnership of the oil, gas and other minerals under the landSurface use by the mineral owner or its lessee
City or county permitsGovernment rules, covered in our permit guideSeptic, driveway, floodplain, building code in city limits

Watch out: a county that issues no building permit for your parcel does not override a recorded restriction. A private covenant can still be enforced through the courts.

How to read deed restrictions before you pay for plans

Restrictions can sit in the deed itself, in a separate recorded declaration for a subdivision, or in the rules of a property owners' association. Texas Property Code Chapter 202 says a covenant is read liberally to carry out its purpose, and that an association's instruments have no effect until they are filed in the county real property records. So ask for the recorded version, not a summary.

  • Minimum home size, and whether a shop or garage counts toward it
  • Allowed exterior materials: is metal siding or a metal roof permitted?
  • Rules on detached shops, barns, RV storage and animals
  • Setbacks and building-location rules, and whether approval comes from a committee
  • Whether the lot sits in an association with dues and an approval process
  • How and by whom the rules are enforced

If the answers rule out your plan, you want to know during your option period, not after the survey. Our land checklist puts this on the list of items to settle before you close.

What an easement lets someone else do on your land

An easement is a recorded right, usually for utilities, access or pipelines. It does not change who owns the land, but it limits what you can place on it. The Texas Railroad Commission says there is no standard easement width; the width is set by the contract or the court judgment that created it.

Utility or access easement

  • Electric, water line, road access to a neighbor
  • Shown on the plat or in a recorded instrument
  • Affects driveway, septic and building placement

Pipeline easement

  • Held by a pipeline operator
  • Terms and width come from that document
  • The Railroad Commission does not settle easement or encroachment disputes

Saves money: hand the builder a site sketch with every easement marked before the pad is set. Moving a shop on paper costs nothing. The same sketch also helps with septic and well placement in our septic and well checklist.

Who owns the minerals, and why it matters in East Texas

Surface and minerals can be owned by different people. Much of East Texas has oil and gas history, so a deed may reserve the minerals to a previous owner. The Railroad Commission's guidance on surface ownership says the mineral estate is dominant: the owner or a lessee may use the surface to the extent reasonably necessary to explore and produce, including roads and pipelines.

  1. Read the deed for a reservation

    Look for words like "reserving" or "excepting" oil, gas and other minerals. Your title company flags these in the commitment.

  2. Look for a lease

    Ask whether the minerals are leased and to whom. A lease can come with surface-use terms.

  3. Check the map for wells and pipelines

    The Railroad Commission's Public GIS Viewer shows wells and pipelines. Well locations are drawn from public records, and the agency says the data is continually updated, so treat it as a first look.

  4. Ask the attorney about your parcel

    An oil and gas or real estate attorney can explain surface-use rights and what a lessee must accommodate.

The Railroad Commission says it generally lacks jurisdiction over surface-versus-mineral disputes. It also notes that a surface owner can try to buy part of the mineral estate or negotiate surface-use terms with a lessee, who is not required to agree.

A before-you-close sequence

  1. Order the title commitment early

    It lists recorded exceptions. Ask for copies of every document it cites.

  2. Pull the plat and any declaration

    These show easements and subdivision rules. The Smith County Clerk keeps the official public records.

  3. Mark everything on one site sketch

    Easements, setbacks, pipeline paths and possible building areas.

  4. Share the sketch with your builder and lender

    Lenders often want clear title and legal access; see how barndominium financing works.

  5. Have 811 called before digging

    Texas requires a call before digging deeper than 16 inches, and the rule applies to landowners too.

Questions to ask

Put these to the title company, the seller and your builder. For the full question list for builders, see choosing a barndominium builder.

  • Title company: what recorded restrictions, easements and mineral reservations are on the commitment?
  • Seller: are the minerals leased, and are there pipelines or well sites on the tract?
  • Association (if any): do you approve metal exteriors and detached shops, and in what time frame?
  • Builder: have you built on lots with restrictions or easements, and who checks the plan against them?
  • Builder: who calls 811, and who handles utility locates?

Official sources

Confirm current rules and records with the Smith County Clerk, your title company and an attorney. We are a referral service, not a builder or law office; each company is responsible for its own work. To meet independent local builders who can review your site plan, use the form below.

Frequently asked questions

Can a deed restriction ban a barndominium or metal building?

It can. Deed restrictions often set minimum square footage, allowed siding and roof materials, or ban metal exteriors and outbuildings. Texas Property Code Chapter 202 says courts construe covenants liberally to carry out their purpose, so read the actual recorded text for your lot rather than assuming. A title company or real estate attorney can tell you how it applies.

Does owning my land mean I own the oil and gas under it?

Not necessarily. In Texas the surface and the minerals can be owned separately, and the Railroad Commission's FAQ says the mineral estate is dominant. Check the deed and the chain of title for a mineral reservation, and ask a title company or attorney who owns what.

Can an oil or gas company use my land if I own only the surface?

The Railroad Commission says the mineral owner or its lessee may use the surface to the extent reasonably necessary, which can include roads and pipelines. A limited accommodation doctrine can require changes to protect an existing surface use when reasonable alternatives exist. Ask an oil and gas or real estate attorney about your parcel.

Can I build over a pipeline or utility easement?

That depends on the wording of the easement, not on a standard rule. The Railroad Commission says it does not administer easement or encroachment disputes, and there is no standard easement width. Get the recorded easement, then ask the operator or an attorney before placing a house, shop, septic field or well near it.

Where do I find recorded deed restrictions in Smith County?

The Smith County Clerk keeps the official public records, including real property records. Your title company will also run a title search and give you a commitment that lists exceptions, including recorded restrictions and easements. Ask for copies of every document it lists.

Do I need to call 811 before digging footings or a septic trench?

Texas law requires anyone digging deeper than 16 inches to call 811 first so underground utilities get marked, and that includes landowners. Your builder or excavator normally handles this; ask who is calling it.

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