I don't get it. I bought waterfront land on a nice lake in Texas noting that the deed restrictions prohibited any business of any nature to be conducted in my particular area. Now the folks who own property across from me have announced they intend to build duplexes for the purpose of renting them out to snow birds (yankees who come to Texas for the winter) I have contacted the County Attorney office, the County Commissioner and everyone else I can think of, and have been told that in order to enforce the deed restrictions we (me and my neighbors) will have to hire our own attorney to represent us. We wrote a certified letter to the neighbors that intend to build stating our displeasure and sent along a copy of the deed restrictions, and asked that they contact one or all of us to discuss the matter. They recieved the letter weeks ago but have been silent as far as discussing this issue with us. Why the heck is it up to the neighborhood to spend their own money to enforce a legal document? If this were in the city instead of a rural area, the City Legal Department would handle the case without charge. And guess whose property they will be cutting across to get lake access? Mine... and I am no mood to fence it all at my cost to keep them out. Grrrrr.

-- Carole (carle@earthlink.net), March 27, 2001

Answers

Hi Carole, and welcome to Texas :) We have folks living next to our 13+ acres who have encroached upon out set back laws. The porch of their house, their dog fencing, wash house and septic lines are on our property set back lines. The county did send them a brochure which explained the rules to them, alas if they could only read :) We would have to take them to court for this, and it would be doubtful that we would win court costs. Though it is pretty cut and dried that we would win the case. Vicki

-- Vicki McGaugh TX (vickilonesomedoe@hotmail.com), March 27, 2001.

Have you confirmed that the deed restrictions for that property is the same as yours? Deed restrictions can apply per lot or per development. Who setup the deed restrictions and who owns them now? Deed restrictions are usually issues for devision management and are usually turned over to home owner assn when the propertys are filled.

Also keep in mind that deed restrctions fall under civil law and therefore city and county lawyers will not be getting involved. Building codes yes, deed restrictions no.

You may also find that a rental property is not classified as a business.

-- Gary (gws@redbird.net), March 27, 2001.

While it may very well be a legal document, it is up to those who designed and wrote it to enforce it, not the city or the county.

Call the local courthouse and see if you qualify to get a State's Attorney to represent you. If not, then the folks that had the agreement drafted will have to prosecute the case.

From your post, it does not sound like a city or county ordinance, therefore they will not touch it with a ten-foot pole. Sorry... It works that way everywhere.

You seem to live in what they call 'subdivisions' out here... They draft all sorts of rules... (no chickens, no goats, but you can have pigs and up to three horses on that same land....)

-- Sue Diederich (willow666@rocketmail.com), March 27, 2001.

Gary is right. A deed restriction comes under the heading of a civil matter. Do not confuse a deed restriction with a Zone Ordinance. Zone Ordinances would be handled by the town, but not deed restrictions. You may also get they attention fatser, if the letter comes from an attorney, not the neighboors.

-- David in NH (grayfoxfarm@mcttelecom.com), March 27, 2001.

As always in America, the burden with protecting property rights lies with the property owner and no one else. The police are there to enforce traffic laws and catch criminals, not to solve boundary and land use disputes. They have to be taken up in civil court. Centuries ago land owners built walls around their "estate" and defended it with the sword. We are only slightly more civilized these days. We've replaced walls with decorative fences.

If you are unwilling to bear the expense of protecting what's yours, then don't complain when it's taken. Real property and the attendant rights can be stolen just like a car or TV. The courts allow that if you take no action to recover those rights within ten years, then they become the legal property of the theif.

What to do? Have your property surveyed by a licensed surveyor; have him show you the corner and line monuments; preserve those monuments in a way that makes it extremely difficult for a neighbor to move; place a permanent fence exactly on the property line; and inspect the fence and monuments at least annually. Leaving your property unsurveyed, unmonumented and unfenced is like leaving your car at the mall with the windows open and the keys in the ignition. Someone is most likely going to steal it.

-- Skip Walton (sundaycreek@gnrac.net), March 27, 2001.

Gary and David are right. As a real estate broker since 1988, I've seen these and other similar issues arise. If there is no "homeowners association" established by provision of the covenants and restrictions, then it is up to you and any other concerned property owners to take action on your own. If the land parcels were sold by a "developer" who still has an interest in selling others, many times they will take legal action. Deed restrictions are not a public law, as are zoning regulations. Further, it is true that renting units may not be considered a "business".

Check the zoning regulations on his parcel. He may have to get a hearing for "conditional use" or other special approval to build duplexes. You may get to oppose this at a hearing.

As was stated, check his recorded deed at the courthouse land records office for restrictions. If this is the case, you will have to take legal action and make your case (unless your threats alone are enough to make him change his mind).

-- Derrick Comfort (dcomfort@crosswalkmail.com), March 27, 2001.

I have relatives that have a house on Lake Bob Sandlin in Northeast Texas. The particular division they are in restricts what buildings can be built, how close to the water they can be built, how tall they can be, and what types of animals as well as what types of fencing, piers, etc. Why people buy land like that is simply beyond me. The people across the inlet from them, a whopping 50 feet away, have NONE of these restrictions. So far, there has been no problem, but the point is, your restrictions may well not be the same as theirs, and as far as I know, rental housing is not considered commercial in most parts of Texas. Drive through any residential area in a small town and you will find apartment buildings mixed in with single family housing and churches. Still, those same areas will not have beauty shops, mechanic shops, etc. I doubt seriously you are legally required to give the neighbors right of way across your property so they can have lake access. Post No Trespassing signs. You are not legally required to fence property in Texas for it to be posted.

-- Green (ratdogs10@yahoo.com), March 28, 2001.

Thank you all for your responses. The deed restrictions that I looked up and sent to the neighbors are the deed restrictions for their property. I talked to the developer and he stated his intent with the restrictions was to exclude duplexes. The county attorney advised me to write the letter before they spend any money with starting up the building process so as not to create a financial hardship etc. That I have done. By the way, we don't have a honmeowner association, but everyone has agreed to put up the money to hire an attorney. I will keep ya posted.

-- Carole Hall (carle@earthlink.net), March 28, 2001.

Intent of the developer is not important. The deed restriction are. If duplexes are not specificly prohibited becuase of zoning or deeds then there is little your going to be able to do. As for everyone putting up money, How much are they willing to spend. Most any deed restriction can be beat if you have more money the Homeowners assn. I dont know how many people are willing to put up money, but if its a handfull, I hope they have several thousand dollars to spend each.

I personal think your wrong. What I do with my land is none of your business if the home(s) are built to proper code it should be non of your business what someone does. Sounds more like snob apeal than anything else.

We want the snow bird tax money, just dont put them near us.

-- Gary (gws@redbird.net), March 29, 2001.

I'm a Yankee how can I rent one of these duplexes?

-- Steve (a12goat@cs.com), March 30, 2001.

Part of the "bad" about living in the rural areas. It's nice that you have a bit more freedom, but sometimes it is a double-edged sword.

Sorry to come in fairly late on this one, but: Definitely post signs on your property. And even a fairly expensive fence will probably be cheaper than real estate attorney bills, in the long run. Also, if your neighbors will be fencing too due to this neighbor, you may be able to get a break on materials/labor. Another option is a video surveillance camera (somewhat hidden) and a sign to that effect (out in the open) may be your best proof in court if and when they tresspass. Renting is not usually considered a business when it is long term (over 30 days), although some cities will make you get a business license, purely to generate revenue, anyway. Now, you might be able to nail them if they are more or less running it as a hotel, because then it IS a business, and of course the city/county wants to know about it in order to collect bed tax, occupancy tax, the whole bit. Keeping tabs on cars going in and out and for how long will really help your case. Logbook with dates and license plates (with states). Your zoning laws should tell you what constitutes a rental vs. what constitues a hotel.

You didn't say how many were going to be built. And, is it the renting out that bothers you, or the potential tresspass (and attendant liability on you) that is the problem? This is a long shot, but you may try binding arbitration or neighborhood mediation to see if those neighbors will pay for your fence in exchange for not your not fighting about the rentals. You might want to notify them that you will be prosecuting THEM for EVERY tresspass made/damage caused by their renters, and a fence would of course prevent that....(hopefully you don't get any climbers). Are there undeveloped parcels still held by the original developer? If that is the case, he/she should be sharing in your legal bills/arbitration bills as well, because this could affect the sales of his other properties if people don't want to live near what sounds to me like a hotel.

You may or may not want to also officially organize as a homeowners' association. I've never belonged to one, but have heard both good and bad about them. The only ones that seem to have any teeth are the ones that collect dues, and that is what you might want to do in order to cover your legal fees.

Good luck, and keep us posted. Real Estate law is notorious for being very expensive, and often you don't get any decent amount in damages, even when you win.

-- GT (nospam@nospam.com), August 11, 2001.