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AndyC1 (Texas)
Posts: 21
Posted:
Have an interesting issue. State is texas. I have 100 acres that is covered by a deed restriction. Neighbor is alleging adverse possession. I think he will lose, but if he wins, the property would essentially become subdivided. My neighbor is not part of the deed restricted community. The HOA is specified in the deed restrictions but has never operated. I could revive it if necessary.

Neighbor has fenced in about an 8ft by 75 section. He has also landscaped about 1-2 acres outside the fence.

The deed restrictions block subdivision of any lot. What happens if he wins and the property essentially needs to be subdivided?
The deed restrictions block any landscaping structures (he has put many of them on the property)
The deed restrictions ban fences (conservation easement). The encroaching fence is partially what the adverse possession is relying on for adverse possession.

Questions:
If the property becomes subdivided, does it still fall under the deed restriction rules?

If so, can the HOA then start to assert full rights under the deed restriction (like removal of the fence)?
If the deed restrictions create N lots (around 66) does a subdivision under adverse possession essentially create a lot with full privileges?

Im in the process of switching legal counsel as these questions are over the head of my current lawyer. However Im also struggling to find a lawyer that can navigate these complexities of adverse possession in conjunction with deed restrictions.

I think we will win on the adverse possession, so maybe the point is moot.
RichardP13 (California)
Posts: 3,868
Posted:
I happen to know quite a lot about the subject, but three sentences is not even close to enough to render any kind of an opinion.
TimB4 (Tennessee)
Posts: 21,059
Posted:
For those who may be unaware, Adverse Possession is real and does happen. It is real in many States, not just Texas (do an internet search on Adverse Possession [State].

Regarding the question of deed restrictions, I would suspect that it will depend if the property stands on it's own or is incorporated into the existing title. Personally, it's not something I would even worry about.
AndyC1 (Texas)
Posts: 21
Posted:
Quote:
Posted By RichardP13 on 09/03/2018 9:16 PM
I happen to know quite a lot about the subject, but three sentences is not even close to enough to render any kind of an opinion.

In general can adverse possession decisions violate deed restrictions? I would think no. When you traditionally subdivide property restrictions go with the both properties.

What happens if the deed restricts forbid subdividing?

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