Legal Question in Real Estate Law in Texas

unrecorded subdivision

Twenty plus years ago a rancher sold land to developer. The developer subdived the land and sold lots. The subdivision never was recorded.The restrictions or coventents that the developer placed on my land had a twenty life span . By that I mean it is written in the deed to the first lot owner what the restictions and covendents were and that they would expire on a given date that passed in the year 2000. that owner sold to another who sold to me and my deed is silent on any resrictions or covents. The county taxs me as rual land,My legal discritption is by metes and bounds not by a lot number.Recently some of the other parecls are bieng sold and a realator representing one of the owners brought me a copy of the restriction and coventents and told me I must adhear to them.Can I be forced into ahearing to a covedent and resrictions base on these facts?


Asked on 10/22/06, 1:00 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: unrecorded subdivision

If you have never adhered to the restrictions, the answer is -- probably not. The only way to tell for sure is to chat with you about what has been going on with your particular parcel and those properties around you. If it went to litigation, you could be forced to adhere to the restrictions, depending on the circumstances, under the theory of "common scheme or plan."

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Answered on 10/22/06, 1:29 pm


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