Q: How to address neighbor's violation of deed restrictions regarding hogs in Texas?
I am experiencing a problem with my neighbor violating deed restrictions by keeping hogs on their property. The odor and noise from the hogs are making it impossible for me to enjoy my outdoor space at any time. Despite numerous contacts from the sheriff's office regarding this issue, the situation remains unresolved. Are there any legal steps I can take to enforce the deed restrictions and address this ongoing problem?
A:
As long as there re no expiration dates on the deed restrictions regarding "split hoof" or other animals, you can enforce a deed restriction by filing with the District Court or Civil Court, depending on which county, the property is located. If there is a board of owners involved, you need to tell them about the violations in writing.
You should hire an attorney with experience in matters of land use, and land litigation. When I work on such cases, I usually send a "Cease and Desist" letter to the offending party, to warn them, i, n writing, that I plan on suing about violations of the deed restrictions, unless there is compliance immediately.
If the letter or warning has no effect, then it is time to get the court involved.
I would begin to video and take pics, if you haven't already. If the restrictions are based on locations or set by measurable distances. You can get a professional, to set-up your case, with good proof of violations.
Good Luck!
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