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Is the amount of time that a violation has existed a factor in determining whether the City of Houston can pursue a property owner for violation of deed restrictions?

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Is the amount of time that a violation has existed a factor in determining whether the City of Houston can pursue a property owner for violation of deed restrictions?

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Answer #9: Yes — if the property in question has been in continuous violation of deed restrictions since prior to August 1965, then the City cannot pursue a lawsuit to enjoin (stop) the violation. However, if the violation started after that date, the City does have statutory (meaning it has been given to the City by the Texas Legislature) authority to pursue a lawsuit to enjoin (stop) the violation.

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