When Deed Restrictions are blatantly ignored, what recourse do neighbors have?

My neighborhood has definite Deed
Restrictions stating that mobile homes are not
allowed in some sections. Yesterday three
segments of a mobile home were wheeled in
and set up. We neighbors want to know how to
stop it. We have no viable HOA.

Asked on January 24, 2018 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The county attorney does not usually enforce deed restrictions unless they also pose someother type of health or safety nuisance to the community.  If they will help you enforce....that would be great.  However, most likely, you will have to file your own suit to enforce the deed restriction.  You do so by filing a petition to enforce the deed restrictions.  I would suggest that you seek an attorney that specializes in real estate law to assist you, as this type of attorney will be the most effect at understanding, researching, and arguing deed restrictions.


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