TxDOT will accept an exception showing that certain restrictive covenants exist. However, it will be necessary that every restrictive covenant affecting the property be examined by the title company to determine whether reversionary provisions exist that would produce a loss or derogation of title. In such case, it is essential that the title company be instructed to bring such matters to the attention of ROW PD so that necessary curative work may be required of the owner. Exceptions to restrictive covenants involving a loss or derogation of title are not permitted. All restrictive covenants should be reviewed by ROW PD to determine if there are any reciprocal ingress/egress and/or parking easements contained therein. If any are found, partial release must be obtained.

If no restrictive covenants affect the parcel, the title company should omit the section of the commitment and title insurance policy relating to restrictions.