Escrow & Title
In Texas, a 'deed restriction' recorded in the chain of title but never enforced may be subject to challenge on the grounds of:
AAdverse possession of the restrictive covenant
BAbandonment or waiver of the restriction if all parties with standing have consistently failed to enforce it✓ Correct
CTREC cancellation of unenforced restrictions
DAutomatic expiration after 25 years
Explanation
If property owners with standing to enforce deed restrictions have consistently failed to enforce them despite widespread violations, a court may find that the restrictions have been abandoned or waived and are no longer enforceable. The party seeking to maintain a restriction must demonstrate consistent enforcement in the neighborhood.
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