I apologize for being so detailed, but I wish to be clear. I am retired, age 70, and live in Texas. I do not live in an HOA
My wife and I purchased a home, situated on one city lot (Lot 1), and also the adjacent lot (Lot 2) as one parcel from the previous owner. The previous owner built the house (on Lot 1) in 1980 and subsequently purchased the adjacent (undeveloped) Lot 2 in 2008, doing extensive upscale landscaping
. From a practical standpoint, an outside observer would see the parcel of two lots as a unit. There is a fence around both lots; all is well kept. The appraisal
district taxes both lots as one unit -- house and double lot -- but the legal description is still lots 1 and 2.
I now need to provide long-term assistance to one of my children for medical reasons. I would like to build a guesthouse/apartment
for her and a caregiver (about 800 sq feet) on the adjacent lot (Lot 2) for practical reasons.
My problem is that the first owner of Lot 2 placed restrictions on the lot when he sold it in 1979, which include that the residence thereupon be a minimum of 2,500 sq feet; the ownership of the lot (never developed) then was transferred to several different people before being bought by the owner from whom I bought both lots as a unit.
How can I best get around this now? There will be nothing tacky about what I envision doing, but I need to keep my adult child close to home.
I know I will need to consult a local attorney, but any advice you could give would be much appreciated.