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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2192
Experience:  Experience in residential real estate and commercial leases.
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How do I get the applicable, most recent, enforceable

Customer Question

How do I get the applicable, most recent, enforceable covenants governing my property?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 3 months ago.

Hello, I am an attorney and am happy to assist.

Can you please tell me what exactly you are interested in finding out?



Customer: replied 3 months ago.
In 2003 we purchased a 3/2 small acre property in an older subdivision in Gillespie County. Along with the real estate documents at closing there was a short list of covenants that read as belonging to the use of our property, an area of water belonging to the subdivision property owners and the standard, no pigs. I want to know if this document is still in force and if so, who is in charge of it so to speak. The water I mentioned belongs to all of us and is specified and equipped for fire fighting. One of the neighbor's had it dug out, worked on in some fashion and later sent a request that we donate funds after the fact. Not to mention, whatever was done now has the water level much lower and not holding as well as it did before. Among my other concerns, our home owners insurance requires that there be water available for the purpose of fire fighting, which at the time we bought the home and insurance it did. Now, I'm wanting to shop for new insurance and I'm afraid to open that can of worms never mind the fact we could have an actual fire. Also, this is residential country property and a new neighbor is running a business of making and distributing some kind of health products. He's clearly put up 2 commercial type buildings, given that area a a large driveway for trucks to pull through as well as designating it with a separate address. This property is adjacent to the water mentioned earlier where contamination could occur by commercial chemicals etc.
Customer: replied 3 months ago.
I hate to sound like "that" complainer but I believe the resale of my own property, the insurability of same, fire and water/contamination are valid concerns. This subdivision comprises approximately 25 homes with 3-5acre lots divided among two streets, the water hole in between.
Expert:  J. Warren replied 3 months ago.

Hello and welcome! My name is ***** ***** I am an attorney and new contributor the prior attorney had to opt out. I will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

I understand your concerns. Covenants and restrictions typically do not expire unless otherwise stated. So unless there was a designated termination date, they are still in affect.

How do you enforce, these rules? If there is an HOA they are in charge of enforcing the covenants and restrictions. In the absence of an HOA then unfortunately this means a homeowner has to bring a lawsuit against a homeowner that is violating the covenants and restrictions. Covenants and restrictions are in place to help maintain the value of the neighborhood and to provide limitations on the uses. To the extent a homeowner is violating any of the covenants and restrictions they are subject to a lawsuit by any of the other property owners. A lawsuit of this type could include actually damages and/or injunction (an order forcing the stoppage of the violating activity).

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 3 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons). I am simply touching base. Let me know. Thanks!

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