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


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.

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