• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property Restrictions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Matteson

Guest
When we purchased our property in Texas, our deed stated certain restrictions. In addition to the restrictions, there were three people named in the deed that would enforce these restrictions. (during the time the company was trying to sell all the properties in this area, the restrictions were strictly enforced) (once the company sold all the properties, they stopped enforcing restrictions) There are several homes in our area that have ignored the restrictions and are generally contributing to the downfall of what was once a well kept neighborhood with pride in ownership. I have made calls to the persons responsible for upholding these restrictions, but have made no progress.

Is there any way to get the company that sold us the property to force homeowners in our area to comply with the restrictions that were part of their agreement? Also - don't restrictions attach to the property regardless of who or how many times they are sold, or regardless of whether a property owner pays cash?

Isn't there some sort of offer, acceptance and agreement that would hold them to the restrictions placed in our deed?

Please note that we are in a rural area outside city limits.
 


HomeGuru

Senior Member
Matteson said:
When we purchased our property in Texas, our deed stated certain restrictions. In addition to the restrictions, there were three people named in the deed that would enforce these restrictions. (during the time the company was trying to sell all the properties in this area, the restrictions were strictly enforced) (once the company sold all the properties, they stopped enforcing restrictions)
**A: this is typical of a real estate or land developer. When all or a majority of the developement project is sold out the HOA or indivdual owners must then enforce the restrictions.
**************




There are several homes in our area that have ignored the restrictions and are generally contributing to the downfall of what was once a well kept neighborhood with pride in ownership. I have made calls to the persons responsible for upholding these restrictions, but have made no progress.
**A: then you have the option of hiring an attorney to write a demand letter and even going to Court.
***********
Is there any way to get the company that sold us the property to force homeowners in our area to comply with the restrictions that were part of their agreement?
**A: no, not unless this was agreed to in your purchase contract. The three names in the deed give these three the right to enforce but absent any agreement, these three people can say they choose to do nothing.
***********

Also - don't restrictions attach to the property regardless of who or how many times they are sold, or regardless of whether a property owner pays cash?
**A: yes, that is why it is called deed restrictions.
***********
Isn't there some sort of offer, acceptance and agreement that would hold them to the restrictions placed in our deed?

Please note that we are in a rural area outside city limits.
**A: please note that this has nothing to do with rural or city. The issue involves private property and private restrictions, therefore it is an issue between the private landowners. The property location and governmental jurisdiction does not matter.
Have a real estate attorney review your deed and related contract documents.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top