Deed restrictions, lease exemptions for military
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I want to combine two pieces of adjacent property in an old subdivision without a homeowners association. There are deed restrictions stating that you cannot build within 10 feet of a property line. Are the deed restrictions still enforceable? Can I just re-plat the two properties together then deed them as one? Does anyone need to authorize a re-plat within the subdivision?
Answer: Deed restrictions are a private agreement between landowners and are subject to enforcement just like contracts. More than likely, you'll have to apply to the proper authority (often the county) and give notice to the other property owners in the subdivision of your intention to re-plat. However, the restrictions are still of record and, therefore, enforceable.
Dear George: My husband is currently stationed in Germany but deployed. Our two children and I rent a house in Texas, and the lease will soon go month-to-month. I want to move to another place, but want to join my husband when he receives his next duty station. Is there some kind of military clause I can use to get us out of my next lease if he gets his orders before that lease expires?
Answer: The Texas Property Code contains an such a clause in the form of an amendment that took effect Jan. 1, 2006. Property Code Sec 92.017 allows a member of the service to terminate his lease by delivering a notice of termination along with a copy of the appropriate government document showing the tenant received military orders. You can find the statute online. Once the Texas Property Code displays, scroll down to Title 8: Landlord And Tenant, Chapter 92, Residential Tenancies, then Section 92.017: Right To Vacate And Avoid Liability Following Certain Decisions Related To Military Service. As long as you remain in Texas or some other state that also has the same or similar enhancement of the federal law, the Soldiers And Sailors Civil Relief Act, you should not incur any liability for early termination of a lease agreement provided you follow the Property Code requirements. You should also be aware that many bases require service members to have leases approved by the local military housing office, so you may wish to check into that as well.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
Dear George: I want to combine two pieces of adjacent property in an old subdivision without a homeowners association. There are deed restrictions stating that you cannot build within 10 feet of a property line. Are the deed restrictions still enforceable? Can I just re-plat the two properties together then deed them as one? Does anyone need to authorize a re-plat within the subdivision?