Arguments to continue in lawsuit over deed restrictions

Although Travis County District Judge Madeleine Connor ruled in favor of homeowners fighting to keep a developer from building more than two houses per lot in their subdivision last week, that victory may be marred by further decisions in the near future.

Attorney Bill Aleshire represents four homeowners in the Elmwood Estates subdivision in South Austin. The original owner of subdivision, which was platted in 1953, imposed covenants and restrictions on all the lots so that future property owners could not build more than two houses on a lot, Aleshire said. However, two developers purchased lots in the subdivision, planning to build considerably more houses in apparent violation of the restrictive covenant.

The homeowners sued to enforce the restrictions. One developer settled with the homeowners, agreeing to build two houses per lot. The second developer, Cliffhanger Development of Dallas, sued the homeowners and the suits were consolidated. Cliffhanger “was trying to use re-subdivision to build at least eight houses on the lot and told us during the case that Austin’s H.O.M.E. Ordinance would allow him to build 36 housing units,” Aleshire told the Austin Monitor.

Aleshire said the homeowners appeared to have prevailed in a lawsuit last week. However, Connor informed attorneys she wanted to hear more arguments on the question of whether the homeowners had waived their right to stop development beyond what is specified in deed restrictions by failing to object to some earlier developments. It is not clear when the parties will be returning to court for those arguments.

Aleshire noted that the city of Austin ignores deed restrictions and leaves it up to property owners to find out whether such restrictions apply to their property and take action if they wish.

Photo by Emmanuel Huybrechts from Laval, Canada [CC BY 2.0], via Wikimedia Commons.

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