What can I do if my neighbor is in violation of the deed restriction?

My neighbor has had a travel trailer parked next to my property for several months. The time limit for a trailer not in a covered area is 3 days. Now his mother-in-law has moved in. And they have put up a chicken-wire fence with metal posts – none of this is allowed in the deed restrictions. All the homeowners association has done is write letters. What can I do?

Asked on September 19, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your neighbor is in violation of a recorded deed restriction burdening his property by having his travel trailer parked an extended period of time and then allowing the mother-in-law to move in, you options are as follows:

1. do nothing;

2. have the association hold a meeting about the problem with input from all of its members with recommendations for filing a lawsuit against this particular neighbor seeking an injunction prohibiting the improper use of the property in violation of the recorded deed restrictions;

3. if the association will not force the issue, you and other interested neighbors should retain an attorney to represent your desires to enforce the deed restrictions against this particular neighbor.

Good luck.


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