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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55314
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Curious if a declaration covenants, conditions, and

Customer Question

Hi, curious if a declaration covenants, conditions, and restrictions on home lots carry over if there has been a new owner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping.

Yes, they run with the land, not the owner. A declaration of covenants, conditions and restrictions burden the property itself. Who owns the property is not relevant; rather, whoever owns the property takes ownership subject to these CCR's which restrict and govern the land.

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Customer: replied 1 year ago.
Ok, so let me ask if we purchased a piece of land and was not given the declaration or signed a declaration are we bound?
Expert:  Richard replied 1 year ago.

Thanks for following up. If these Declarations were recorded in the real property records, you would still be subject to them. If they were not recorded or disclosed, then they would not be able to enforce them.

Customer: replied 1 year ago.
You mean recorded through the county or recorded at closing? The declaration is apparently recorded through the county but we were not shown or signed any sort of declaration when we purchased the property and closed on the property.
Customer: replied 1 year ago.
We closed through our local abstract office and the declaration was not part of the closing.
Customer: replied 1 year ago.
We have a neighbor throwing a fit for something we did but we were never given or shown a declaration so is that our fault or the land owner that sold it to us?
Expert:  Richard replied 1 year ago.

Recorded in the county real property records. Anything of record (i.e., recorded in the county records) is deemed disclosed. Your title policy exceptions should have referenced these CCR's. If not, you would have a claim against your title company.

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