CV-DR PETITION FOR ENFORCEMENT OF DEED RESTRICTION VIOLATION Tex. Gov’t Code §27.034
Instructions: "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. The
petitioner in a dispute concerning a deed restriction must 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. The judge may order the parties to mediation. The judge may not grant injunctive relief.
IN THE JUSTICE COURT OF
HARRIS COUNTY, TEXAS
ORIGINAL PETITION TO ENFORCE DEED RESTRICTION
This is a suit to enforce the violation of a deed restriction.
Describe the legal nature of the plaintiff (e.g., individual, sole proprietorship, partnership, corporation)
Date of Birth (if applicable):
Describe the legal nature of the defendant (e.g., individual, sole proprietorship, partnership, corporation)
*Defendant may be served by serving
(state the name of the defendant if defendant is an individual, or state the name and title of the person who is authorized to
receive service of process for the defendant if defendant is a partnership, limited partnership, corporation, or limited liability
company), who may be served at _____________________________________________________________________
(state the address for service of process).
The defendant’s usual place of business or residence, or other place where defendant can probably be found is ____________
The property made the basis of the violation is: _______________________________________________________________.
Restrictive Covenant. The property made the basis of the violation is (describe the property owned by the defendant made
the basis of the violation of the restrictive covenant):
Restrictive covenants govern the property as follows: (Describe the instrument creating the restrictions on use of the property,
including recording information, and attach a copy of the instrument.)
Deed Restriction Violation. The Defendant violated the Restrictive Covenants as follows: (Describe the nature of the
violation, the date on which the violation first occurred, the action taken by the plaintiff to notify the defendant of the violation, and the
defendant's refusal to correct the violation. Violation may not concern a structural change to a dwelling. The term “dwelling” does
not include an external structure, such as a carport, fence, storage building, or unattached garage.)
Relief Requested. Plaintiff requests that the court find that the defendant is in violation of a deed restriction, and assess civil
damages for the violation in an amount not to exceed $200 for each day of the violation. Plaintiff requests recovery of its reasonable
attorney's fees in the amount of $_______________, together with costs of court, and any other relief to which the plaintiff may be
Printed Name: __________________________________________
Signature of Plaintiff or Plaintiff’s Attorney of Record
State Bar No. ___________________________________________
Plaintiff consents to the e-mail service of the answer and any other motions or pleadings to this e-mail address.