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We have a developer who has subdivided a tract,and sold several lots and houses on the representation that the subdivision is platted, and the plat will be approved by the commissioners court. He does not use the lot and block method to describe in his deeds, but deeds by metes and bounds. However, in his "exceptions to title" section of his deeds he refers to a set of, (also unrecorded), restrictive covenants for the subdivision name he uses with his sales pitch. He did file an initial plat, but it was not approved, at least partially because the roads he has built will not allow emergency vehicles to turn around. He continues to sell spec houses. Some of the previous purchasers have become extremely upset that they will not be located on a county road. I've looked and looked, but cannot find a specific offense in state law for selling subdivided land without an approve plat UNLESS you use the subdivision lot and block description in the conveyance. Am I missing something? Am I stuck with the injunctive provisions of Local Gov't. Code Sec. 232.005? Am I stuck with trying to interest the S.O. in investigating under some kind of consumer fraud theory? The disgruntled land owners are going to file a civil suit, but are out for blood, and after many months of this guy and his lawyer promising our people they intend to come into compliance, I'm getting leaned on to do more than file a civil suit. | ||
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