1. If this is your first time on BYC, we suggest you start with one of these three options:
    Raising Chickens Chicken Coops Join BYC
    If you're already a member of our community, click here to login & click here to learn what's new!

Changing Deed Restrictions?

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by AndrewH, Mar 29, 2010.

  1. AndrewH

    AndrewH Out Of The Brooder

    57
    0
    29
    Feb 23, 2010
    Weather Zone 7b/8a
    Need help if possible.

    I live outside the city limits, and there are no county or state restrictions on fowl.

    BUT!!!!!! I finally received a copy of the deed and there is a clause for no pig/swine and poultry, but everything else is included (as in I can have goats, cows, horses, but no chickens or pigs [​IMG]).

    Any help on how to get this changed? I wouldn't even have the first clue where to turn for help (besides all the wonderful folks at BYC.com).

    Would this come down to a title/deed change, or can it be changed, or do I have to change it?

    The original land owner, to my understanding, split their land up and sold it as a subdivision. The original land owner sold the property to my gf's parents a while back (say 10-15 years ago) and now my gf is wanting to buy the land from her mom (her father passed). Would this simply be a redo of the deed?


    Thanks for any help...
     
  2. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,150
    278
    398
    Jan 4, 2009
    Tempe, Arizona
    Talk to a real estate attorney, but also look to see if the deed restrictions have an expiration date or not. Also, does the subdivision have an HOA? Check with your county clerk or recorder's office, and ask them your questions.
     
  3. theFox

    theFox Chillin' With My Peeps

    Sep 21, 2009
    Standish, Maine
    "Would this simply be a redo of the deed?"

    No it would not.

    The problem you need to solve is a real nasty one. You can't do it by changing the wording on the deed because the party who bought the land was never sold that right, the original pre subdivision land owner never sold it to them. That is the long and the short of it. Now you need to find a lawyer and see what might be done.

    It may be possible that the placing of the original restriction wasn't legally possible.

    Consult a competent real estate lawyer.
     
  4. AndrewH

    AndrewH Out Of The Brooder

    57
    0
    29
    Feb 23, 2010
    Weather Zone 7b/8a
    Thank you both for the help!

    Read the entire deed, every word, yesterday.

    The restrictions expire no earlier than 35 years from the date of the deed (July 1st, 1985 - so July 1st 2020 would be 35 yrs), but is also states it will be automatically extended for 5 years, then automatically extend indefinitely every 5 years.

    But here's the kicker... there is a "violations" section which basically states there's nothing the owner (as in previous) can do unless its a direct violation of Local or State laws. Which I have none.

    I guess my ultimate questions would be: If I'm found in violation of this deed, what could happen? There are no laws against chickens, so they can't give me a chicken ticket.

    I guess they can site nuisance laws.

    There is a Title Company within the build I work, so maybe I'll take a little break and see if they can help me a little.

    Thanks again!
     
  5. AndrewH

    AndrewH Out Of The Brooder

    57
    0
    29
    Feb 23, 2010
    Weather Zone 7b/8a
    Quote:If memory severs me correctly (and that's not saying much), the only rights' to land that can be sold are mineral rights. All other rights have to be transferred with the deed.

    These "Convents & Restrictions" (as the deed words it) would only apply if the original land owner or a mortgage company held the deed. As soon as you paid the loan off, it's yours free and clear without any restrictions.

    Hopefully I find this is the case. I'll see what the lawyer says.
     
    Last edited: Mar 30, 2010
  6. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,150
    278
    398
    Jan 4, 2009
    Tempe, Arizona
    I believe that who can enforce, which rights can be sold, how it can be changes, etc. would vary according to state law. I do realize that you are in Texas, and some of the answers you have been given may be Texas specific. But since we have readers literally from all over the world, and many from other US states that read these threads, I wanted to throw in the caveot that if you were to encounter a similar situation in your state, the answers might be different.
     
  7. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,150
    278
    398
    Jan 4, 2009
    Tempe, Arizona
    Quote:If memory severs me correctly (and that's not saying much), the only rights' to land that can be sold are mineral rights. All other rights have to be transferred with the deed.

    These "Convents & Restrictions" (as the deed words it) would only apply if the original land owner or a mortgage company held the deed. As soon as you paid the loan off, it's yours free and clear without any restrictions.

    Hopefully I find this is the case. I'll see what the lawyer says.

    I don't think this is correct. Especially if the land was a part of the subdivision--in that case the deed restrictions are also to protect the nature of the subdivision for ALL subdivision residents. For example, if the county does little or no zoning, deed restrictions could provide the equivalent of zoning control--to prevent someone from opening a commercial or industrial facility in a residential neighborhood. Or deed restrictions could be used to protect a right, or require a certain type of construction. My parents' home (in Texas) has deed restrictions requiring brick construction and disallows garages that open to the front.
     
  8. AndrewH

    AndrewH Out Of The Brooder

    57
    0
    29
    Feb 23, 2010
    Weather Zone 7b/8a
    Well, I think I found a work around.

    There is an "amendments" section were it states 60% of the lot owners can sign an amendment to change any of the restrictions.

    Now starts the daunting task of finding all these people.

    Any help on where to even look would be greatly appreciated.

    reference:
    Palo Pinto County, TX 76067

    Wish me luck, I think I'm going to need it.
     
  9. AndrewH

    AndrewH Out Of The Brooder

    57
    0
    29
    Feb 23, 2010
    Weather Zone 7b/8a
    Quote:You are correct, I was stating Texas Law (which may or may not be correct - I'm not a lawyer [​IMG]).
     
  10. Glenbogel06

    Glenbogel06 Out Of The Brooder

    79
    0
    39
    Jan 16, 2008
    Berkeley Springs, WV
    I work for a real estate attorney and although we don't do work on restrictive covenants in and of themselves, we do deal with restrictive covenants. The law varies from state to state, but here in Virginia restrictions run with the land. It doesn't matter how many times the property has been resubdivided or conveyed out . . . the restrictions remain with the property (in what ever form that land now takes). The only way that I know if to have a restriction altered or removed is to have a certain number of property owners that are affected by that restriction agree to do away with or modify that restriction. In this case, it sounds like through research you have found out that it takes 60% to agree to the change. If you can get the 60% agree to the change, a modification of the restrictions would have to be drawn up by an attorney, signed by the 60% and recorded at the correct county courthouse.

    A homeowners association would be able to enforce the restrictive covenants by putting liens against your property for non-compliance if you decided to ignore the restrictions all together. Since it sounds like you do not have a HOA, I believe that a neighbor would have to file a lawsuit against you for a violation of the restrictions. I am not sure, but I don't believe that the county has a right or duty to enforce restrictive covenant violations. This is why a lot of people like HOA's . . . they have a duty to enforce.

    So, to do things on the up and up, you should get the restrictions changed, although that could be a time consuming and expensive prospect.

    Good luck!
     

BackYard Chickens is proudly sponsored by