Fort Worth Texas Declaration of Restrictive Covenants
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How to fill out Texas Declaration Of Restrictive Covenants?
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FAQ
Who enforces breach of covenant? The owner of the land that benefits from the restrictive covenant is the one who can enforce a breach in restrictive covenant, as they potentially stand to lose out as a result of the breach. If they choose to, they are the party that can take legal action against you.
A property owners' association or another ?representative designated by an owner? may file a lawsuit to enforce a restrictive covenant. Section 202.004(c) of the Property Code allows a court to assess civil damages of up to $200 for each day of the violation.
In most cases, homeowners associations (HOAs) are the principal enforcers of deed restrictions. However, when there is no HOA, a deed restriction might be enforced by a branch of your local government.
To find out what, if any, deed restrictions are attached to a particular piece of acreage, visit the county courthouse in the county where the land is located to check the county deed records.
If a petition contains provisions extending or renewing the term of a restriction, the petition may provide for an initial extension or renewal period of not more than 10 years and additional automatic extensions of the term for not more than 10 years each.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.