Changing Deed Restrictions?

[AndrewH]

Quote:
Thank you so much for your insight.

Yeah, unfortunately for me the "Covenants and Restrictions" specifically say they will apply to the land regardless who owns it or how many times it's transferred or sold

(no subdividing allowed per the "C&R").

But as you mentioned, there is a 60% change/amendments clause, so that's a little ray of light. That's correct, there is no HOA involved, but the original land owner does own some of the land/lots still, so enforces (well somewhat) the restrictions siting nuisance laws (which I believe is even stated within the "Covenants & Restrictions" as the punishment for violation).

We took a drive through the neighborhood and noticed at least half of the properties would be considered "in violation", so it seems the C&R Nazi gave up. Problem is, our lots are right up front and somewhat exposed to the public view, so it'd be hard for us to get by with anything (though we'd prefer to do it legally

).

I would still like to pursue this regardless if anyone can or will report the violations since the "C & R" technically never expires (was originally set at 35 years from the date of the deed 1985, but states it will automatically renew for 5 years after that for all of eternity).

I guess my beginning question would be:

1. How do I look up the deeds/owners of the other properties within the subdivision? I tried looking online, but the county only has online records to 1986 (of course). Would I simply have to physically go to the county court house and look? How would I have any idea what year the lot was sold, or even resold?

2. Once I have the names, I need to approach a real estate attorney, or a tittle attorney? Would me looking up the names save money during this process, or would it just be a waste of my time since the attorney has to look them up anyway?

3. Would I have to keep a copy of the "amendment" on hand in case the sheriff shows up about a nuisance compliant in direct regards to the "C&R"?

Any additional help you could provide would be greatly appreciated. This is the first time I've had to deal with looking up public documents, so I'm a lost noob to say the least!

And thanks again for your help.

 

[theFox]

Depending on how your state's law is on various zoning matters it might even be possible that some restrictions can't even be placed upon the land by a sub divider.

If that is the case in a state it might be possible that depending upon how the wording is in those C & Rs that the entire C & R may be mooted.

You really need to talk to a competent attorney (and just so you know the competency of said persons varies drastically when it comes to various parts of the law).

Good luck.

 

[Sonoran Silkies]

Quote:
I would assume it to be all the property which was subdivided at the same time, which should mean that is all adjointing properties--the big question is going to be determining the extent of the entire subdivision--which could vary from as few as two to as many as thousands of individual lots. Check with your county recorder or county clerk to find the recorded plat. That will give you these parameters. You may also be able to get their help in locating the addresses (I know that here the addresses ae not included with the plat, but street names and lot numbers are.) so that you can mail your request to these folks. Depending on the size of the subdivision, you may be able to hand deliver your request or petition.

 

[Sonoran Silkies]

My responses are in bold.

Quote:
Thank you so much for your insight.

Yeah, unfortunately for me the "Covenants and Restrictions" specifically say they will apply to the land regardless who owns it or how many times it's transferred or sold

(no subdividing allowed per the "C&R").

But as you mentioned, there is a 60% change/amendments clause, so that's a little ray of light. That's correct, there is no HOA involved, but the original land owner does own some of the land/lots still, so enforces (well somewhat) the restrictions siting nuisance laws (which I believe is even stated within the "Covenants & Restrictions" as the punishment for violation).

We took a drive through the neighborhood and noticed at least half of the properties would be considered "in violation", so it seems the C&R Nazi gave up. Problem is, our lots are right up front and somewhat exposed to the public view, so it'd be hard for us to get by with anything (though we'd prefer to do it legally

).

I would still like to pursue this regardless if anyone can or will report the violations since the "C & R" technically never expires (was originally set at 35 years from the date of the deed 1985, but states it will automatically renew for 5 years after that for all of eternity).

I guess my beginning question would be:

1. How do I look up the deeds/owners of the other properties within the subdivision? I tried looking online, but the county only has online records to 1986 (of course). Would I simply have to physically go to the county court house and look? How would I have any idea what year the lot was sold, or even resold?
Are you sure that it isn't records SINCE 1986? I know that here they started puttung current records online and gradually worked backwards to get all of them online,

2. Once I have the names, I need to approach a real estate attorney, or a tittle attorney? Would me looking up the names save money during this process, or would it just be a waste of my time since the attorney has to look them up anyway?
The more legwork you can do, the less time (and therefore cost) the attorney will have to do

3. Would I have to keep a copy of the "amendment" on hand in case the sheriff shows up about a nuisance compliant in direct regards to the "C&R"?
I believe that this is a civil matter, and the sheriff would have no say or jurisdiction, but this is a question you should ask an attorney, although you should be able to get a fairly accurate answer from the county recorder/clerk

Any additional help you could provide would be greatly appreciated. This is the first time I've had to deal with looking up public documents, so I'm a lost noob to say the least!

And thanks again for your help.

 

[AndrewH]

Quote:
I was thinking along the same lines regarding the C&R even being legal to impose. Is there a way I could look up the law myself before talking to an attorney?

Quote:
Yes, all the property was subdivided at the same time. I have a plat (provided with the deed & "C&R") which shows each lot, it's size, easements, setbacks, etc. It also lists the entire subdivision size.

47.667 acres total and at 60% I would have to have the signatures to represent 28.6 acres to get the C&Rs removed. Good thing, several lots are owned by the same person (as in have one house on them). We have 2 lots ourselves, so our signature would represent a larger percentage of the total 60% required (our 3 acres would represent about 6% of the subdivision, where someone with one lot would be 3%).

The idea was to start by hunting down the original deeds for as many of the lots as I can find (actually am finding some on the county's website). Once I have as complete as list as possible, I'll simply pencil in any lot I think would automatically wish to sign the amendment (people that would be considered "in violation" currently) - starting with the largest, then I'll total up the acreage to see how close I am to the 60% needed.

I do not even want to bring these actions to the attention of anyone I think might not want to sign the amendment, so to keep from getting any oppositions or challenges. Though the court my require we notify everyone within the subdivision before the C&Rs are lifted. We'll see.

Once I have all the signatures required, I'll seek out an attorney to draw up the documents the court requires, then file them.

 

[AndrewH]

Quote:
1. Ah... Yeah, meant from present back to 1986 and not before. I think I might be ok (or at least 1/2 ok), since it seems our lot was one of the first to be sold. I believe the other deeds were after 1985. I'll keep looking. If I come across a deed recorded in 1988, lets say, how would I know if they're still the current owners, or if the property has sold again?

2. That's what I thought. Would I need to leave the actual wording of the amendment to the lawyer, or can I do it all (including writing the amendment) then let the attorney just file the documents with the court for me? (might be a ? for the attorney)

3. Actually, the Sheriff, Texas State Troopers, Game Warden, and the Texas Rangers (law enforcement, not baseball - LOL) are the only authority figures that would have a say in it since we do not live within city limits (only county and state laws apply). I'm told, but have not witnessed it myself, that the Sheriff (probably deputy) serves the nuisance complaints and issue stations. I would like to avoid finding out the hard way

.




Thanks for all the help everyone!

 

[Sonoran Silkies]

I assume that Texas statutes are online, so go to them and try to find out what they have to say about subdivisions; they may well outline a process for informing landowners of petitions to change deed restrictions (or they may not). However, by excluding those who you believe will oppose your efforts, you may be setting yourself up for invalidating your petition--it circumvents due process. Make sure that you don't set yourself up for failure by doing things the wrong way.

 

[Sunny the Hippie Chick]

I know nothing about laws.. But when you go and ask people to sign the petition.. Make sure you include some information about how good backyard chickens are.. And some of the benefits. Might help change some peoples minds. Some people think of them as dirty animals. But we all know different..

 

[Sonoran Silkies]

Quote:

 

[AndrewH]

Quote:
That was my initial thought as well, but I hate looking through laws and was wondering if anyone already knew, or could tell me were to look within the Texas law

. Trying to save a little time.

Yeah, the "don't tell the folks that might oppose the change" statement was just for now. I'm sure the attorney or presiding judge will inform me how I have to go about informing everyone, or making a public notice regarding the change. I'm hoping that with 60% support there wouldn't be anything an opposer could do (majority rules). Fingers crossed.

Quote:

yeah, at least 50% of the lots would currently be considered "in violation" of the C&Rs, so I'm pretty sure I can get them to sign with no problems ("you're in violation of the C&Rs of your deed, but if you sign this they'll be removed and you can do anything you want with your land" is a pretty good selling point

).

And my gf's family owns about 1/4 of the lots, so I know for a fact I can get their signatures.

It's going to come down to totaling up the "definites", then finding the larger land lots for persuading.

I'll total up where I think I stand tonight when I get home (deed and all the technical information is at home), and hopefully I'll end up with about 70-75% of the lots that would currently be in violation and would want to get them removed (violation = anything the C&R prohibit, which is a lot).