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

UPDATED: Sep 19, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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