Texas Property Code

§ 201.009 — PROPERTY WITHIN SUBDIVISION NOT AFFECTED BY PETITION

PR § 201.009Title 11. RESTRICTIVE COVENANTS · Ch. 201. RESTRICTIVE COVENANTS APPLICABLE TO CERTAIN SUBDIVISIONS

Statute text

(a)The procedures called for under this chapter are considered complete and regular in all respects unless challenged by a declaratory judgment suit under Section 201.010.

(b)A restriction added, modified, created, or extended under this chapter does not affect or encumber property within the subdivision that is included within one of the following categories:

(1)property exclusively dedicated for use by the public or for use by utilities;

(2)property of an owner who elected in the petition to exclude the property from the restriction;

(3)property of an owner who did not sign the petition and has not received actual notice of the filing of the petition;

(4)property of an owner who did not sign the petition and who files, before one year after the date on which the owner received actual notice of the filing of the petition, an acknowledged statement describing the owner's property by reference to the recorded map or plat of the subdivision and stating that the owner elects to have the property deleted and excluded from the operation of the extended, modified, changed, or created restriction; and

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Legislative history

Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 712, Sec. 5, eff. June 18, 1987.