San Antonio, TX asked in Land Use & Zoning and Real Estate Law for Texas

Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs.

You should act reasonably promptly; otherwise, your neighbor may be able to successfully raise a waiver or acquiescence defense.

While you will have to pay your own attorney upfront, there is a possibility of getting an award of your reasonable and necessary attorney fees in a final judgment.

Weigh carefully how important the presence of the hogs is to you based on the anticipated cost of litigation. Even if you secure a judgment that awards you your attorney fees, your neighbor may not have enough non-exempt assets from which to collect a judgment.

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