Can deed restrictions be successfully enforced without an HOA?

We live in a rural area on 3+ acres, but our land and the other tracts around us have the same deed restrictions from the original developer. We’ve been here for over 10 years with no problems, but one of our neighbors sold their house and property, and the “new” neighbors have just moved a mobile home (a 2nd dwelling) onto the property. They said they told there were no restrictions, so we gave them a copy ourselves. The restrictions clearly state that they run through the net 13 years and that there can only by one house per tract. There is no HOA. We’re worried about protecting our property value.

Asked on July 20, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please bring the documents in question to an attorney to review.  My concnern here is why the restrictions were not listed in the other party's deed to begin with and what the original papers on this development state.  Deed restrictionas can most definitely be enforced but you need the right to do so - called "standing" under the law.  You probably have the right to enfoce them but how is the key.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.