Sec. 27.034. DEED RESTRICTION JURISDICTION. (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.
(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.
Added by Acts 1995, 74th Leg., ch. 1022, Sec. 1, eff. June 17, 1995. Amended by Acts 1997, 75th Leg., ch. 136, Sec. 1, eff. May 19, 1997; Acts 1999, 76th Leg., ch. 672, Sec. 1, eff. June 18, 1999.
Last modified: September 28, 2016