What are the steps to getting a restriction removed from my Deed of Trust?
State/Country relating to question: Texas
Discussed possibilities with my realtor.
Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney here to assist you.What type of restriction are you interested in removing?
My restriction states that my property can only be used for residential purposes, no business. There are several neighbors who have businesses near me in same "unnamed" subdivision.
I'm interested in removing the residential only restriction from my deed. Other property owners near me have businesses.
Is the restriction from a covenant or HOA bylaw or from a local ordinance?
it is a restriction from the original landowner as far as i know...no HOA here.just from an original land grant that was subdivided, but no formal name for subdivision.
Ok. In that case, you would have to file suit to remove cloud and Quiet Title and ask the court to remove the restriction. You'd have to prove that the restriction served no legitimate purpose or interest. You would have to sue whomever placed the restriction on the property. If you can prove no legitimate reason exists to maintain the restriction, it should be lifted.
just forget it,..i already knew that. I hope i won;t be charged
Your question - as I understood it - was how to remove a restriction. If that's not correct, please let me know. Assuming my understanding is correct, the only way to remove a restriction on property is to file suit and get a court order canceling the restriction. Anything short of doing that isn't going to remedy the issue. I can't hElp if you already knew this, and it's not grounds to claim my response is "bad". Good luck.
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