For those who are considering a property purchase in Holiday Lake Estates, you may want consider what you would like to accomplish with the property. Make sure that your plans fit the property, the subdivision, and the county. Some things to consider:
Does the person selling the property have deeded rights to it? Since HLE has existed for many decades, some properties within the subdivision have been passed down through families. As I have found, some of those new heirs/owners did not do the paperwork to have the deed transferred into their name. Texas is a community property state but when it comes to real property there are some laws that can confuse this issue. If a couple marries after one of them has purchased property, they need to add their spouse to the deed or their can be deed problem if one should pass away. So, don’t be afraid to ask the seller for a copy of the current deed or call the Polk County Clerk to be sure –> Click Here
Is the land / property free and clear of any liens? If you are going through a title company to purchase your land, the title company will do a title search for you and you will receive a guarantee of free & clear title. If you do not use a title company, you may want to check for any liens on the property. The Polk County Appraisal District –> Click Here for Contact and the Polk County TX Clerk –> Click Here can steer you in the right direction for finding that info.
Is the land in a flood zone? Some of the properties in HLE are completely, or partially, under the base flood elevation. If you purchase one of these properties, and intend to build on it, or improve it in any way, you may want to discuss this with Polk County before you purchase. You can read more here: –> Click Here
Is the land suitable for you? You may want to build or use the land for other purposes. Remember there are Federal, State, County, and subdivision rules and laws that may limit what you can do with it and how it can be used. And, the size or elevation of the land could limit it’s use. It is always best to start with the Polk County Permit office –> Click Here and also check with the Holiday Lake Estates Civic Club Board.
Can you live within the rules of the Deed Restrictions? Remember, in the state of Texas, Deed Restrictions ‘run with the land’. If you will be closing with a title company, you should receive a copy of all of the HLECC governing documents as part of your closing. If you do not use a title company, you will need to contact the Board of the HLECC to get a copy of your governing documents. My strong suggestion to anyone considering a purchase in any Deed Restricted subdivision is to ask to see all of the governing documents before you submit a purchase offer. That way, you will know if you agree with the ‘rules’ of owning in that subdivision.