Changing Deed Restrictions?

[AndrewH]

Quote:
There is a search by address option, but that's one of the problems. In 1994 all of the addresses changed to comply with the new 911 system. So the addresses on the deeds prior to 1994 would not match. I might be able to cross reference them somewhere, but either way I have a lot more searching in my future

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2. Ah, gotcha.

3. I believe that's where Texas law differs. But either way, I hope to avoid the need to find out by changing the C&Rs

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[Glenbogel06]

I would have the Attorney draw up any amendment to the restrictions if this goes that far because you want to make sure it is done right and can't be challenged later on. I agree that you could go down to the county courthouse and check the land records for a copy of the plat of the subdivision which will tell you what lots are a part of that subdivision. As an alternative, here in Northern Virginia, many of the counties have real estate tax records that are online, and if your county is the same way, you can look up your property and then toggle through to other properties and look at the subdivision name. Our tax records also give you the name and address of the current owner of a piece of property.

 

[cassie]

Since apparently there is no way to enforce the deed restrictions, I don't see how you have a problem. Look at it this way. What's the worst that can happen? If it were me, I'd just go ahead and do what I wanted and keep my mouth shut. I go by the adage that it is far easier to get forgiveness than permission.

 

[AndrewH]

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I was thinking anything I come up with as the actual text of the amendment wouldn't necessarily undo the C&Rs. Guess if I'm paying a lawyer I might as well have them type it up for me so all the bases are covered. Thanks for the confirmation.

The tax records is what I'm looking for since it'll be more current or will reflect the current owner(s) of each lot. The lots may or may not have been sold several times (which is what I'm finding just looking for deeds).

I'm pretty sure the tax records are available online, it's just a matter of me finding them.

Quote:
This was my gf's thoughts too, but anyone within the subdivision can challenge my "chickens" at anytime and I would lose, instantly needing to find a new home for them (or lots-o-chicken for dinner the next few weeks).

Personally, I plan to build the coop and get some chickens going before all of this is complete, but I personally wouldn't own land that I couldn't do what I want with it. So since my gf wants to purchase the land, I'll move forward with the restriction removal regardless and keep the chickens til someone tells me I can't.

 

[Sonoran Silkies]

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What you want to do is re-write the current sections. If for example you have something that says "3.(a) Livestock, including poiultry is not allowed" the amendment you propose could read "3.(a) Livestock, including poultry is allowed with the following restrictions: [and then list some reasonable restrictions such as quantity based upon amount of land, acknowledging existing nuisance ordinances, distance of coop from sleeping quarters of neighbors, etc.]" The petition would specifically say that the new verbage will replace the old. I can send you specific examples of changes we made to our CC&Rs 3 years ago (I authored the changes, coordinating with our attorney to approve the exact language). [Note, none of the changes addressed poultry or animals in any way.] I also provided information to the HOA members as to WHY the changes were needed.

 

[AndrewH]

Quote:
What you want to do is re-write the current sections. If for example you have something that says "3.(a) Livestock, including poiultry is not allowed" the amendment you propose could read "3.(a) Livestock, including poultry is allowed with the following restrictions: [and then list some reasonable restrictions such as quantity based upon amount of land, acknowledging existing nuisance ordinances, distance of coop from sleeping quarters of neighbors, etc.]" The petition would specifically say that the new verbage will replace the old. I can send you specific examples of changes we made to our CC&Rs 3 years ago (I authored the changes, coordinating with our attorney to approve the exact language). [Note, none of the changes addressed poultry or animals in any way.] I also provided information to the HOA members as to WHY the changes were needed.

That's what I had come up with so far (rewriting the C&R in the negative form - meaning if the C&R says no, the amendment would say yes, and visa versa) as a starting point. Guess I can type it up like that and let the attorney refine it from there.

Actually, I was hoping to get by with something like "Amendment 1: the C&Rs are null and void and not longer apply", since we'd like for all of them to be removed (of course the actual verbiage would read different, but that's the gist of the thinking I was approaching this with).

Examples would be great! Thank you. You can send them to my e-mail link under my username

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That's one good thing about my situation, there's no actual HOA to deal with, just individuals which own the land. I'm thinking the "do what you want with your land" is one of my best selling points, but I'm sure I can come up with something intriguing for the naysayers.

Could I also get copies of what you sent/provided to the HOA? Might be able to steal some good ideas

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