San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-09-30
IS HOMEbREW
FORBIDDEN IN
. REALTY TITLE?
Restriction Clauses in Some
Deeds Forbid Manufac-
lure Of Liquor.
AIMED AT SALOONS
THAT Construction Courts
Would Place on Pre-Vol.
stead Proviso Not Known.

That the maker OF homebrew may
unwittingly be invalidating his title
to his home is one Of the possibilities
las a result of the way thousands of
deeds to San Antonio building lots
were drawn jim pre-Volstead days.
Many of the residential additions
Ito San Antonio have restrictive clauses
(which specifically provide against the
use of the lots for the sale or manu-
facture of intoxicating liquors. No
test case has been made in the courts
so far as is known and what position
the courts would take is purely
problematical.
There are said to be, thousands of
warranty deeds in San Antonio how
ever, which contain clause against
intoxicants and which specifically
provide that for violation of the re-
strictions, title shall automatically
"a from the holder of the deed back
| to the company giving it.
Unquestionably this clause was di-
rected against the use of building
sites in restricted residential areas
for operation of saloons and nothing
more.
Before Prohibition Came.
At the time the deeds were writ
ten, prohibition was not even consid-
cred possibility and in fact was
little discussed by the populace at
large. But whether the proviso
against the manufacture of liquor
would operate to rescind a title for
the making of home brew on the
premises remains to be determined.
At all events the deeds specify clear
ly enough that they forbid the manu-.
fracture of intoxicating liquor.
One attorney who has extensive
practice in real estate, expressed the
opinion without having carefully re-
viewed the matter. that the courts
likely would rule that the restrictive
YsNNuse in most deeds was clearly in
tended to prevent commercial use of
4 th premises for the making or SELL
ing OF liquor and that mere making
OF homebrew in the family's kitchen
would not be a violation of the re-
striction. He was rather inclined to
the opinion that If homebrew was
made and sold by a bootlegger, the
clause might operate to rescind title
but as these restrictions were i'm
posed before prohibition they un-
doubtedly were directed against the
saloon business as such and not
against the making of homebrew
which was not extensively engaged in
prior to the Volstead act.
Ignorant of Provisions.
Many people are unacquainted with
the provisions contained in the deeds
70 their property it is said. A San
Antonio property owner who investi-
gated found that in addition TO the
anti-liquor restriction, there also was
!. a stringent provision in his deed
against allowing a person afflicted
with tuberculosis or any other con-
tagious disease to occupy the premises
He also found that he could not con-
struct fence about his front ward
and that woodshed constructed in
the rear of his home violated the terms
of his deed.
1T is amazing, the various restric-
tions and provisions that are in some
ofsthe deeds to San Antonio proper
tyr he said. at would be a good
idea IL the owners of homes would
familiarize themselves more fully with
the terms of the deeds and the orig.
aNStAfNtfVho tOhtdlitu III tDc Title
to their real estate.
"For instance there are certain
sections of the city where buildings
OF q certain class can not be built.
yet owners of lots may have violated
those restrictions unwittingly and
pSptnld the question be raised event
ually, they might forfeit title to their
hard-earned holdings.
Il doubt very much If 75 per cent
OF the people ever heard of the pro-
vision in theft deeds against the
manufacture of intoxicating liquors,
yet 1T is contained in large number
of deeds in this city.
The title to real estate is vital
In buying and selling and too many
people are unfamiliar with the pro-
visions under which they are buying
and selling real estatc.-