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Deed Restrictions in an undeveloped neighborhood

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NoSleep

Junior Member
What is the name of your state (only U.S. law)?Texas

I am purchasing land and have a few questions about enforcing deed restrictions. The subdivision that I am purchasing the land in was divided in 1987 and never developed. The original owner of the entire neighborhood has opened up the neighborhood for grazing cattle even though the deed restrictions state that the property is for residential use only and no pets other than cats and dogs are allowed. Are the owners able to make up their restrictions as they go or must the abide by the same restrictions tied to the land? Can they make further deed restrictions that restrict me without my consent or involvement? If they finally develop the neighborhood, can they force me into an HOA or am I able to opt out since I was already there before the HOA existed? Am I or are they able to claim an agricultural exemption if the deed restrictions restrict cattle? If so, how am I able to do so?

Thanks
 
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FarmerJ

Senior Member
Seriously either do not buy it OR speak to a atty who has experiance in HOA law and see if its possible to just have any and all so called restrictions removed before you buy it since the owner is violating them ( I see this as a better route to go than trying to make him get rid of the cattle, If you find out that there is no way to get rid of the bylaws /restrictions then walk away from it)
 

NoSleep

Junior Member
I did speak to an attorney today and he said that the land owners are indeed violating their own restrictions, however, being the majority owner of the subdivision, they can do so. The attorney also said that I cannot claim an agricultural exempt and he is curious as to how they did it themselves.
 

154NH773

Senior Member
There are too many unknowns to give you any meaningful advice, and since you already consulted an attorney, I won't ask you to clarify your situation.

I am curious however, if you are buying the lot from the original developer, and the lot has never been sold before. If that is the case, then there may be no deed restrictions, or requirements to join a HOA other that what they place in the deed to you.
Are the owners able to make up their restrictions as they go or must the abide by the same restrictions tied to the land?
If the property didn't have any restrictions or requirements prior to their sub-division being created, then they have the ability to set any they want when selling their land to you. If there were appurtenant restrictions on the land when they bought it, they can add to the restrictions, but can't unilaterally rescind them.

Ask if you can purchase the land with no restrictions or requirements in your deed, and with no requirement for you to join any HOA now, or in the future. You are only bound by what you agree to in the deed to you (which may include previous restrictions in your chain of title; that's why it is important to get a title search)..
 
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NoSleep

Junior Member
I am not buying the property from the original developer. The developer subdivided the property in 1987 and sold one lot, the lot I am purchasing, before deciding not to develop the neighborhood. The deed restrictions were filed at the same time that the original plat was submitted to the county. The developer then sold the subdivision to another guy (1993) who then sold it again to the current owner (1995). The only property that had been held by anyone other than the developers, is the guy who I am purchasing from. The attorney at the title company did a title search and all of the deeds filed with the county and the deed restrictions filed in 1987 still stand. The deed restrictions have no mention of participating in an HOA, not then and not in the future.

The attorney did tell me something interesting... If the cattle trespass on my property, I can shoot them and eat them.
 

NoSleep

Junior Member
How would you intemperate this restriction? May I put a fence coming out diagonally from the front wall of the house but not fencing off the front yard?


No fence, wall or hedge shall be erected, placed or altered nearer to any street than the front wall of any house.
 

154NH773

Senior Member
I would say it's pretty clear you can place a fence anywhere further back than the front wall if the house. That only addresses the covenant, you still must comply with any local fence ordinances.
 

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