Legal Question in Real Estate Law in Texas
Restrictive Covenants
Complaint was filed by our neighbors on deed restriction violation (business in our home, home child care). Judge found against us and issued a final judgement. 2 months later our neighbors sold their home and moved away. Is it possible to file for a ''release of judgement'' since the ''plaintiffs'' no longer have their ''cause?'
1 Answer from Attorneys
Re: Restrictive Covenants
Most likely not. When the neighbors moved, the restrictive covenants did not go with them. Most restrictive covenants remain with the land and property and are filed in the land records. Just because they happened to be the ones to enforce the covenants, but they later moved away, doesn't mean that (a) a violation did not occur, and (b) that the covenants still don't exist.
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