Warranty Deed Restriction - help with interpretation

[FrankS]

Jurisdiction

Texas

hi there,

looking for some help/advise ('do we have a case?') understanding and interpreting a warranty deed restriction here in Texas.

I live in an area that is heavily getting developed, new neighborhoods sprawling up left and right. My property as well as several adjacent ones are under the same warranty deed restriction (from 1981 if that matters) which, among other things, says (quote " shall be used for residential only and not part of same shall ever be used for any business or commercial purposes"

A developer/investment LLC purchased most of the land (except mine and my neighbors) and started building houses (condos and duplexes, I think, 400+ units). They claim - and I have that in writing - that they are developing as residential and are therefore in compliance with the deed restriction.

the way I see it is that the development itself, building these houses and selling them at a profit, is commercial activity in itself, hence in conflict with the deed restriction. They are not building "residential" for themselves (how could they, they are a LLC) but for other people to become residents of said property.

I might be completely off base here so I am looking for any advise/help I can get. thank you for listening (reading)

 

[Zigner]

hi there,

looking for some help/advise ('do we have a case?') understanding and interpreting a warranty deed restriction here in Texas.

I live in an area that is heavily getting developed, new neighborhoods sprawling up left and right. My property as well as several adjacent ones are under the same warranty deed restriction (from 1981 if that matters) which, among other things, says (quote " shall be used for residential only and not part of same shall ever be used for any business or commercial purposes"

A developer/investment LLC purchased most of the land (except mine and my neighbors) and started building houses (condos and duplexes, I think, 400+ units). They claim - and I have that in writing - that they are developing as residential and are therefore in compliance with the deed restriction.

the way I see it is that the development itself, building these houses and selling them at a profit, is commercial activity in itself, hence in conflict with the deed restriction. They are not building "residential" for themselves (how could they, they are a LLC) but for other people to become residents of said property.

I might be completely off base here so I am looking for any advise/help I can get. thank you for listening (reading)

You are completely off-base.

 

[army judge]

I might be completely off base here so I am looking for any advise/help I can get. thank you for listening (reading)

Make contact with your local city council representative.
Ask to meet with her/him to discuss a concern about a potential warranty deed restriction related to land development.

You're likely to learn a great deal, enough so to alleviate your concerns.

 

[zddoodah]

the way I see it is that the development itself, building these houses and selling them at a profit, is commercial activity in itself, hence in conflict with the deed restriction. They are not building "residential" for themselves (how could they, they are a LLC) but for other people to become residents of said property.

By that logic, someone could build a single-family residence with the intent of selling it, and it would be commercial, not residential. Based solely on the information provided, I think you're way off-base.

 

[adjusterjack]

I might be completely off base

You are.

If you think you have something that will stop the development, you are sadly mistaken.

 

[FrankS]

thank you all. I have contacted my local council representative and it turns out the area is marked as 'low density residential' in the future land use map. this is not exactly "zoning" but still, the city folks are looking into it. I'm sure this won't stop the development but it might give me the green light to open a skunk farm on my property, right next to all these new houses

 

[adjusterjack]

I read many deed restrictions when buying my house. One thing I noticed that they had in common was giving individual property owners the right to enforce them.

Your skunk farm is likely to be short lived if one of your new neighbors sues you for it.

 

[army judge]

thank you all. I have contacted my local council representative and it turns out the area is marked as 'low density residential' in the future land use map. this is not exactly "zoning" but still, the city folks are looking into it. I'm sure this won't stop the development but it might give me the green light to open a skunk farm on my property, right next to all these new houses

You'll never receive unless you ask questions. Still might not receive, but you'll get noticed, as well as receive answers.