Legal deed restrictions question?

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?

What does your deed say? That should answer the question. Did you read it before buying the property?

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.

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.

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.

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?

If it's anything like most South Texas "Ranchettes" you'll be darned lucky to ever lay eyes on a deer.

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.

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.

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.

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.

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.

Did you not get a title policy?? Deed restrictions should show up there......

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

Deed restrictions can expire. If the master deed is from the 70's it may have a time stamp on it. If it's expired, you can do what you want on your land and no one has any legal recourse to stop you (as long as you're not violating local/state laws or municipal ordinances). Look at your T-7 from your closing docs and see if the CCRs show an expiration date. If there is no expiration date, you might want to see about acquiring 5 acres to get you to 20 because you might be stuck with it. And enjoy huntin for that 1 deer a year.

As jetdad stated; violating deed restrictions can trigger civil suit from neighbors and an injuction IS enforceable by local law enforcement. My guess is the 15ish families that have been there since the 70's know more folks a lot bigger in the community than you do and you probably would be better off playing by the rules, or cutting your losses, selling and getting the hell outta Dodge.

I'd also call that Realtor up and get his Broker on the phone and ask them for a copy of their e&o policy because they did you a great disservice.

Just my $0.02 worth

It costs money for someone to enforce the restrictions on you, fees will add up quickly. You neighbors will have to part with some $ to enforce the deed restrictions.

I would do what I wanted and not share what if anything I hunted and what I harvested with anyone.....