I am looking at a small piece of property (35ac) that has deed restrictions set out years ago by a previous owner (2009 timeframe). They go past just normal stuff, like no mobile homes, etc. It has stuff in there such as "RVs cannot be parked outside" and "grass must be maintained". This was done by some investment company back then that sold this tract and a larger tract next to it. This property and the next door one have since been sold at least once (i.e. investment company that did this no longer would care since they made their money and are long gone).

Who could enforce this? Could a neighbor enforce this somehow? I just don't want to buy a country property and effectively be dealing with an HOA type situation if a neighbor gets mad about something.

Any thoughts would be greatly appreciated.

I was told by an attorney one time, "there are no deed restriction police."

A pissed off neighbor who is willing to spend money on a lawyer and go to court? Because you are putting in a trailer park? Or wind turbines? Or a solar farm?

As usual talk to a lawyer not us want to be's.

Growing up, we had deed restrictions but they were enforced by all of the property owners and those meetings were basically chit chats and eating. This was in the 80's and pretty much everyone had 3-10 acre tracts and no one really gave a hoot what someone else was doing because we weren't on top of each other. Many of us had multiple tracts for added space. We had livestock and chickens and no one balked.

I think they could all get together at a property owners meeting and call you out based on the deed restriction but I have no clue how anything could be compelled. I'd be more inclined to play it safe and buy something u restricted. Our last farm was unrestricted but, as you know, that blade has two edges.

I'm curious if there is an actual HOA with fees in place. If so, have they followed protocol such as holding meetings, etc?

I agree speaking to a lawyer would be your best bet if you're concerned about it.

All, thanks for the responses. There is no property owners association/HOA or anything like that. I think what happened after doing some deed research is that the investment company bought 105ac and split it into a 35ac tract and sold it off with the restrictions to protect the 80ac next to is (has no restrictions in deed). They may have originally planned to keep the 80ac tract and just wanted protection. Since then, both tracts have been sold multiple times. So, probably no real issue here I wouldn't think.....

Maybe at this point they would release the deed restrictions if you could find the original seller. Would be a simple one page release and recorded in the county deed records.

Someone would have to know they exist and then sue you to enforce. The likeliness of that is probably slim so it's your own risk tolerance.

Risk seems pretty low. Which of the restrictions really causes you any heartache ?

Can't you object with the title company since the entity doesn't exist?

Objecting to an exception on a title policy won't remove a deed restriction from a deed.

Mas89 said:

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Maybe at this point they would release the deed restrictions if you could find the original seller. Would be a simple one page release and recorded in the county deed records.

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The releases need to be gathered from all property owners with enforcement rights, not just the person who drafted them.

How many other properties are under these deed restrictions? When the DRs were established there would have been a declarant (enforcer) named. Likely the original investment company. If that company no longer exists, then theoretically a new declarant would have been assigned. Usually one of the property owners. A real estate attorney should be able to track all this down for you.

Very clear path set out by a real estate lawyer developer in-the-day:
Gather any/all property owners sitting on same deed restrictions (BTW designed to defend property values until it all sells)
All sign a paper agreeing to
a) dissolve the restrictions or at least
b) agreeing to your developments taht do not conform

Otherwise, it only take ONE to hire an enforcement lawyer and some even get offender to pay for all lawyers involved. This has been a rare case in Brazos Co in over 40 years but even so, it's a loaded gun with a trigger accessible to anyone loaded down with those restrictions - after all it's WHY they bought "protected" by DRs land with good money.