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#6600422 - 12/23/16 06:36 PM Legal deed restrictions question?
rayb76 Offline
Green Horn

Registered: 11/21/16
Posts: 6
I bought 15 acres in south Texas in a abandon community made up of 5-20 acres lots that never took off in the 70's. There's no HOA just the gentalman selling the lots and a few older ( 15ish families) residents that live in the area. I bought the property to hunt on it and come to find out from an out of town land owner that no hunting is allowed on anything less the 20 acres and you can only shoot 1 deer a year?!

So my question is who enforces the deed restrictions? What's the proper procedure to properly inform me of a deed violation? Also does anyone have a no hunting deed restriction and hunt anyway on the property?

Just wondering?

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#6600453 - 12/23/16 06:59 PM Re: Legal deed restrictions question? [Re: rayb76]
don k Offline
THF Celebrity

Registered: 08/27/08
Posts: 10051
Loc: Bandera, Tx
What does your deed say? That should answer the question. Did you read it before buying the property?
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#6600461 - 12/23/16 07:08 PM Re: Legal deed restrictions question? [Re: rayb76]
rayb76 Offline
Green Horn

Registered: 11/21/16
Posts: 6
I was told by the realtor that the property had no restrictions when I bought it... the gentalman who informed me about the restrictions showed me his paperwork which stated no hunting unless you've got 20 acres...

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#6600470 - 12/23/16 07:12 PM Re: Legal deed restrictions question? [Re: rayb76]
don k Offline
THF Celebrity

Registered: 08/27/08
Posts: 10051
Loc: Bandera, Tx
Originally Posted By: rayb76
I was told by the realtor that the property had no restrictions when I bought it... the gentalman who informed me about the restrictions showed me his paperwork which stated no hunting unless you've got 20 acres...
Again, what does your Deed say? It does not matter what anyone says or tells you.
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http://www.ibexgoats.com/home.html

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#6600474 - 12/23/16 07:15 PM Re: Legal deed restrictions question? [Re: rayb76]
rayb76 Offline
Green Horn

Registered: 11/21/16
Posts: 6
It's on my to do list of checking but say that the deed restrictions are true who will or can enforce the? There's no HOA in the area.

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#6600550 - 12/23/16 07:59 PM Re: Legal deed restrictions question? [Re: rayb76]
jetdad Offline
Pro Tracker

Registered: 03/02/13
Posts: 1032
Loc: Grayson county
If it's in your deed and it's same for your neighbors, it's a civil matter and one or more could sue to make you stop. Once an order (injunction) is issued and you violate again then it's a contempt issue and subject to fines and possible jail time. You really should have reviewed all your documents before you closed.

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#6600896 - 12/24/16 07:25 AM Re: Legal deed restrictions question? [Re: rayb76]
don k Offline
THF Celebrity

Registered: 08/27/08
Posts: 10051
Loc: Bandera, Tx
Originally Posted By: rayb76
It's on my to do list of checking but say that the deed restrictions are true who will or can enforce the? There's no HOA in the area.
I can not believe you do not know what you bought. Do you have easements through your property? Are there other things in the deed you can or can not do?
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http://www.ibexgoats.com/home.html

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#6602880 - 12/26/16 10:12 AM Re: Legal deed restrictions question? [Re: rayb76]
LandPirate Offline
THF Celebrity

Registered: 08/18/09
Posts: 11035
Loc: Buda
If it's anything like most South Texas "Ranchettes" you'll be darned lucky to ever lay eyes on a deer.
_________________________
Mike
Buda, Tx
Hunt near Freer

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#6605330 - 12/28/16 09:11 AM Re: Legal deed restrictions question? [Re: rayb76]
redchevy Offline
THF Celebrity

Registered: 10/25/04
Posts: 25553
Loc: Texas
Lot of things could be going on.

If it is indeed restricted and it was represented to you as not restricted and you can prove it you have some recourse to pursue with your agent/broker.

The deed restrictions may be only reference as a volume and page in your deed and you have to go look them up. They may have missed it.

If you have a title insurance policy it will be included in that.

Most deed restrictions only run for a certain period of time 20-25 years is common. After that time frame if they are not renewed they expire. Not sure on who can renew them but think its the person who put them in place.

The police/sheriff can enforce restrictions but they don't monitor them per say your neighbors etc. would have to report you.
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It's hell eatin em live

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#6605619 - 12/28/16 12:51 PM Re: Legal deed restrictions question? [Re: rayb76]
cameron00 Offline
THF Trophy Hunter

Registered: 01/08/09
Posts: 8602
Loc: Texas
You should probably try to sell the place if the in-place dded restrictions aren't in line with your desired use for the property. You should also probably do some slight level of homework before closing next time.


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#6605624 - 12/28/16 12:53 PM Re: Legal deed restrictions question? [Re: rayb76]
Herbie Hancock Offline
Pro Tracker

Registered: 08/23/16
Posts: 1084
Loc: Cypress, Texas
Yes, if there are deed restrictions they will be filed of record in the county clerks office. Just like said above your deed might have a reference to it.

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#6608537 - 12/30/16 04:20 PM Re: Legal deed restrictions question? [Re: redchevy]
bill oxner Online   content
THF Celebrity

Registered: 11/03/09
Posts: 38642
Loc: Katy-Fulshear
Originally Posted By: redchevy
Lot of things could be going on.

If it is indeed restricted and it was represented to you as not restricted and you can prove it you have some recourse to pursue with your agent/broker.

The deed restrictions may be only reference as a volume and page in your deed and you have to go look them up. They may have missed it.

If you have a title insurance policy it will be included in that.

Most deed restrictions only run for a certain period of time 20-25 years is common. After that time frame if they are not renewed they expire. Not sure on who can renew them but think its the person who put them in place.

The police/sheriff can enforce restrictions but they don't monitor them per say your neighbors etc. would have to report you.


I live in a restricted acre subdivision and the police/sheriff will do nothing to help enforce the restrictions. There are several in my subdivision who are violating the trailer in the yard restrictions. We can do nothing but maybe take civil action against them.
_________________________
Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill









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#6612223 - 01/02/17 10:46 AM Re: Legal deed restrictions question? [Re: rayb76]
LandPirate Offline
THF Celebrity

Registered: 08/18/09
Posts: 11035
Loc: Buda
Law enforcement have NO AUTHORITY to enforce deed restrictions. Deed restrictions are a civil contract. They are not laws. Therefore LAW enforcement have no legal authority in the matter.
_________________________
Mike
Buda, Tx
Hunt near Freer

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#6669593 - 02/10/17 12:26 PM Re: Legal deed restrictions question? [Re: rayb76]
snake oil Offline
Woodsman

Registered: 01/10/16
Posts: 149
Did you not get a title policy?? Deed restrictions should show up there......

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#6669881 - 02/10/17 04:42 PM Re: Legal deed restrictions question? [Re: rayb76]
Pappybear Online   content
Woodsman

Registered: 10/21/16
Posts: 106
Loc: Argyle /N.Central Pennsylvania...
I'm not familiar with Texas real estate law, however, I have researched deeds in my home state of Pennsylvania. Deed restrictions and covenants that are not specifically spelled out in the wording of your deed are often found in obscure references to previous deeds, platt books and sub-division plans. Look over your deed for these type of references then follow up with the County Records office.
As stated before, violations of these restrictions are usually civil in nature.
Good luck


Edited by Pappybear (02/10/17 04:54 PM)
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