When is a deed restriction enforceable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
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.