ADU possible with a duplex?

[Chris Schorre]

Hi everyone, I own a fairly large lot (12000sf) in Clarksville. It's zoned MF4 but due to deed restrictions it is limited to two dwellings. The house that currently sits on the lot was built in 1990 and we plan to tear it down. It is surrounded by a mix of SFH and multi family. My understanding in speaking with an attorney is that although the City of Austin does not enforce deed restrictions (these are from 1950), a pissed off neighbor could sue and would likely win as Texas courts generally uphold deed restrictions. Ideally, we would like to build four condos on this lot but obviously I do not want to drop $100K+ on architecture only to get sued part way into the project. This happened to a developer in Tarrytown. Thoughts?

[Will Genrich]

@Chris Schorre Your understanding and the advisement of your attorney is correct. The City of Austin does not enforce deed restrictions and will even grant you building permits based on the zoning. However deed restriction are superior restrictions to zoning in every way and open you to an objection and legal action brought by any neighbor at anything within the platted subdivision. With most of these older deed restriction are written with perpetual renewal clauses (unless removed) so an objection can be brought at anytime by any current or future owner without limitations. @Rick Reeder idea is a good one, however, just one other current or future owner in your subdivision can bring the legal action regardless if all the other owners are fine with what you are or have bult. Basically if the deed restriction are in place you are always open to being sue from pursuing a non-legal use.

Another issue is that when you go to sell the condos a reputable title company is going to pull those deed restrictions in their title search which with show your now current development is a non-legal use and therefore will not provide title insurance which will in effect make the condo units unsellable whenever title insurance is required which is obviously most financed transactions.