Changing Restrictive Convenants (Deed Restrictions) in Houston, Texas
Category: Relationships and Society > Law
Asked by: tonypto-ga
List Price: $20.00
14 Jul 2006 09:39 PDT
Expires: 13 Aug 2006 09:39 PDT
Question ID: 746321
I am interested in purchasing a lot in Houston, Texas for commercial use, however, there is an existing deed restriction that states that all lots within the subdivision be used for single-family residentials. The deed restrictions has the following section: "These convenants are to run with the land and shall be binding on all parties and all persons claiming under that for a period of twenty five years from the date these convenants are recorded, after which time said convenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said convenants in whole or in part. Provided, however, that 51% of the lot owners may amend or change these restrictions at any time." These convenants were recorded in the 1960's but apparently is still active and enforcable. Is it possible for me to exclude my lot from these convenants? If so, how would I go about doing it? Are there any other regulations that would bar the lot for commercial use (there is no zoning in Houston)?
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Re: Changing Restrictive Convenants (Deed Restrictions) in Houston, Texas
From: gozzy11-ga on 15 Jul 2006 13:44 PDT
Yo yeh the convenants still apply in the subdivision. any of the other landholders within the subdivision can enforce the convenant and stop you from using the lot for commerical, not the town but the other land owners in the subdivision have the right, they can get a court order to enforce the deed restriction even have you tear down a commerical building sounds like if when one of those ten years are up you can get 51% of the land owners to sign off to allow your commerical then ok but when is the next ten year break comming up
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