When is a deed restriction enforceable?

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When is a deed restriction enforceable?

Just as we placed our residence on the market our next door neighbor placed a mobile home on their property. There is a deed restriction clearly stating no mobile homes are allowed on the land and that the restriction runs with the property. The problem is that the owner purchased the property as a foreclosure and the restriction was not provided in their documents according to the title company. Is the restriction enforceable? If so, what is the procedure to have it enforced?

Asked on January 5, 2013 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written about the deed restriction is not enforceable due to the title company's failure to have the restriction listed in the preliminary report and title report. However, the adjoining neighbors if they were third party beneficiaries of the restriction can make a claim to the title company for potential damages.

Given what you have written about, I suggest that you consult with a real estate attorney for guidance.


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