Restrictive Covenants Vs. Barb Wire Fence

[NoSleep]

What is the name of your state (only U.S. law)? Texas

If I am buying a property with fence that has been up for 26 years even though the deed restrictions restrict against it, can the other property owners start regulating it now or is it too late for them to raise a stink. Have y'all seen a case where someone had a structure that had been around for decades and wasn't a concern till someone started complaining about it? What was the outcome? Is it worth fighting for or do I just tear it down...

 

[FarmerJ]

If the current owner has not taken the fence down by now and the property is sold with the barbed wire fence standing and its the same property wrote of before then Id say that its fair to argue that the fence stays since it was sold to you ( as far as any future neighbors go) first and foremost why dont you just ask the seller about agreeing to remove all the restrictions so it will make it alot easier to sell lots in the future)

 

[NoSleep]

The only issue is that comes into play is that the seller isn't the one that executed the deed restrictions, it was the developers. I plan to ask my attorney to write a letter asking the developer to remove the fence provision before I purchase the land. As you know from my last post, the developer has cattle grazing the land so that he can claim agricultural exemption. If I build my house and have to remove the fence then there is nothing stopping the cows from eating my landscaping and using my lawn as their bathroom.

 

[NoSleep]

I'd rather not take it to court but I wonder how the judge would rule. The deed restrictions are the law of the land but it puts me at a disadvantage because I can't protect my land from their cattle if the restrictions are still in play.

 

[LdiJ]

I'd rather not take it to court but I wonder how the judge would rule. The deed restrictions are the law of the land but it puts me at a disadvantage because I can't protect my land from their cattle if the restrictions are still in play.

I am pretty sure that the developer would WANT the fence to remain, because he wouldn't want his cattle roaming onto your property and causing damage for which he would be liable. I suggest that you contact the developer about the matter and see if you can get some sort of agreement in writing regarding the cattle and the fence. Maybe an agreement that the fence will remain as long as the cattle are present.

 

[NoSleep]

How would you intemperate this restriction? May I put a fence coming out diagonally from the front wall of the house but not fencing off the front yard?


No fence, wall or hedge shall be erected, placed or altered nearer to any street than the front wall of any house.

 

[LdiJ]

How would you intemperate this restriction? May I put a fence coming out diagonally from the front wall of the house but not fencing off the front yard?


No fence, wall or hedge shall be erected, placed or altered nearer to any street than the front wall of any house.

That is exactly how I would interpret it. That you could fence from the front wall of your house, around the back. However I am not sure what you mean by "diagonally". I would interpret it that you could take a fence line straight out from your front wall, to the property line on the side, then back and around the back year, up the property line on the other side, and then straight to the front wall on the other side. Basically a rectangle.

 

[justalayman]

How would you intemperate this restriction? May I put a fence coming out diagonally from the front wall of the house but not fencing off the front yard?


No fence, wall or hedge shall be erected, placed or altered nearer to any street than the front wall of any house.

if you are speaking of installing a fence that starts at the corner of your house and then diagonally outward to the corner of your lot and closer to the street, then no, you cannot do that.

Draw a line across the front of your house from side to side of your lot. You cannot place any fence in that area from that point and closer to the street.

that also means you cannot have a line fence that separates your lot from the neighbors lot adjacent to that area either.

Now one thing you didn't mention is how long these restrictions have been in place. If the fence was there before the restrictions, then grandfathering is likely to allow you to leave any fence already in place.

if this is a residential area, you might want to check into fence styles the municipality will allow. I know of a lot of places that will not allow you to have a barbed wire fence as they are dangerous to people and especially children. If that applies, you may have to remove the barbed wire fence because of those ordinances regardless of anything else.