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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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How do I get the applicable, most recent, enforceable

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How do I get the applicable, most recent, enforceable covenants governing my property?

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 1 year 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 1 year 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.

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.

J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience: Experience in residential real estate and commercial leases.
J. Warren and 3 other Real Estate Law Specialists are ready to help you

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!

Customer: replied 7 months ago.

I am so very very sorry I completely overlooked finishing this for you. Can I do so now?

Customer: replied 7 months ago.

If you will have me, I have an additional question.

Hello, yes I can answer follow up if they are related to the same matter.

Customer: replied 7 months ago.
Whatever laws there are in place now, their current application concerning this topic, if in fact there actually are, and if truly for peoples health and safety, the discretionary option needs to be written into the law with its own standards or tests to evaluate a person's ability to home quarantine etc. Just because you wear a badge doesn't mean you get to do, act and say anything you feel like. Quite the contrary, you should be able to explain the law if asked to do so or find another job! It's law enforcement people like this that tarnish all law enforcement in the public eye and being the wife of a 30 year retired policeman, I am disgusted with this show of arrogance.
Please excuse the many typographical and grammatical errors. I haven't been able to sleep while my puppy is in jail. Why on God's green earth would someone bitten in their home by their own animal, for any reason, state so, knowing they would have their animal taken away. The kind irresponsible pet owners that abuse and then dump animals in countryside are the ones that the laws should be written for, not the law obiding, responsible pet owners, which by the way, my dog is and all of my work rehabilitating her over the past year will be ruined now!

I am sorry you are dealing with this. I would agree with you and if a person in authority or agency has over stepped its bounds in administering the laws it places the burden on a citizen to bring an administrative law action against the agency and its person enforcing the laws. That is a lawsuit asserting overstepping enforcement of animal control laws.

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