Texas Government Code 27.034 – Deed Restriction Jurisdiction
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(a) A justice court has jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
(b) The petitioner in a dispute concerning a deed restriction shall present as evidence at the first hearing in the dispute:
(1) a certified copy of the deed or other document that establishes the restriction on the property; and
(2) other documents necessary to demonstrate that the restriction applies to the property in dispute.
Terms Used In Texas Government Code 27.034
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) In a dispute concerning a deed restriction, a justice of the peace may order any alternative method of dispute resolution provided by Title 7, Civil Practice and Remedies Code.
(d) The jurisdiction provided by this section is concurrent with the jurisdiction of the district court.
(e) A justice court has jurisdiction of suits under this section regardless of the amount in controversy.
(f) In a dispute concerning a deed restriction, a justice of the peace may consolidate disputes relating to the same issues and parties.
(g) An appeal under this section is by trial de novo.
(h) In this section, “deed restriction” means one or more restrictive covenants contained or incorporated by reference in a properly recorded deed, map, plat, replat, declaration, or other instrument filed in the real property records, map records, or deed records of the county in which the property is located.
(i) In this section, a “dwelling” does not include an external structure such as a carport, fence, storage building, or unattached garage.
(j) Nothing in this section authorizes a justice of the peace to grant a writ of injunction.