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  1. #1

    Default Neighbor Violation of Deed Restrictions

    My question involves real estate located in the State of: Texas

    We live in a very well-to-do rural community. My husband and I built in this area because of the restrictions listed below:
    *brick structured home of over 1000 sq. ft
    *own one acre of land or more with only one residence per acre
    *no RVs, mobilehomes, etc. allowed-exception to this is the right to use for no more than six months of any calendar year.
    *no junk or wrecked vehicles or equipment shall be permitted
    *overnight parking on roadways is prohibited

    Our community is mini-farms/ranches that do not want the legalities of a HOA. Unfortunately, we have a couple across the road that live in a fifth-wheel and are allowing two other families to store their RVs. Since the restrictions were amended to read that the person/persons can live in the RV for six months, does this mean that they can store other RV's too?

    What steps do my husband and I take to make sure that the deed restrictions are being followed? There might be a time in the future that we want to sell and move, so I would like to rectify this problem.

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Neighbor Violation of Deed Restricts

    If you and your neighbors have opted not to have a collective means of enforcing the covenants, such as a HOA, then you're going to have to pursue this as a private remedy. Take the title work to a real estate lawyer and discuss the details of the case and the likely cost of litigation.

    I would not expect a provision that allows for short-term residence in a RV to allow for storage outside of the specified condition, but that will depend upon the language and I am not positioned to review the language involved.

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