Boat Landing & Parking Area property sold & new owner is denying access to most of property.

Question

I live in a Texas lake community with an area designated as the boat landing and parking area as per the deed. The heir to the property that originally owned it - he sold it. The guy that bought it has taken out the old boat ramp and put in a new boat ramp and retaining wall. He also bought the lot next door to the boat landing & parking area. He put the new boat ramp just on the inside of the boat landing area. He had most of the people in the subdivision to sign off on this but not all did - so he said that was null and void. Then he put in another boat ramp (inferior to the other boat ramp he put in) on the other side of the property by a drainage ditch that goes into the lake for the subdivision property owners to use (a small strip) and has blocked off the rest of the lot for our use. He also has sold it & the property next to it and they have this blocked off as well. I have checked the deed records & found nothing that changes the original plat records. There is no HOA or POA-What to do? Can we write a letter to the new owners that this is designated to be used for the Boat Landing & Parking area (they know this already) and we as the property owners of said subdivision want access back to all of the property & have everyone sign? We never approved any of the changes either.

Answer 1

You have a fistful of problems.  You have some slight protection in the original plat records.  I would go to the counter at the county Planning and Zoning office and hand over the papers and maps.  If they act upset, you have an ally and you can get what you want.  If they shrug their shoulders, you are finished and there is nothing that will bring you satisfaction.  Unless you personally are willing to purchase all the property in question.  That would fix everything but be expensive. /

Answer 2

It is highly doubtful your local planning and zoning agency is going to enforce deed restrictions.  You need to contact a real estate attorney.  He/she will want to know:

1.  Is there no HOA/POA because one was never created or because one was created and the owners let it lapsw - it makes a difference

2.  Is there something on your deed that grants you access, is it only on the plat, is it in the chain of title of the property that is the landing?  Bring all the deeds and the plat to the attorney.

3.  Is there a set of "Covenants, Conditions and Restrictions/Restrictive Covenants for your neighborhood?  If so, bring them.  If you don't have them, get them from the Clerk of Courts; they should be recorded in the Public Records.

You can find a local real estate attorney at the link below.

Answer 3

If there's no HOA, I'm not sure what you can do. It's his property and he can do what he wants with it. It seems unfair and really it is but unless you can find a loophole somewhere... you might want to ask an attorney and just see what they say. You can get a free consultation. You could also call your local government and they can direct you in the right way to go.

Good luck! Some people are such a.s.s.holes.