Untitled Texas Attorney General Opinion ( 1981 )

_ ;. The Attorney General of Texas September 25, 1981 MARK WHITE Attorney General Honorable Gibson D. (Gib) Lewis Opinion No. MW-370 Chairman, House Committee on Intergovernmental Affairs Re: Partial vacation of John A. Reagan.Building subdivision plats Austin, Texas 78769, Dear Representative Lewis: You inform us that in 1966 a developer subdivided a tract of land into large lots and filed a'subdivision plat which was duly recorded. You further state that the developer also filed, and had recorded cettaln~testtictions, covenants, and conditions applicable to lots in the subdivision. One such restriction reada as follows: 1. MinImum Plot Size: The plots as shown on the recorded plat, above mentioned. [hete there is reference to the plat recording date] may be subdivided into separate lots in a manner approved by the developer. Developer has on file ,in his office, and may maintain on file there, a plan of such subdivisions of plots, which may be followed by any purchaser; or, a different style of subdivision of a plot may be made with the approval of the developer. (Bmphasis added.) A number of lots in the subdivision were thereafter sold and the buyers were made aware of the restrictions at the tims of purchase. One of the purchasers of a five acre lot in the subdivision now wants to further subdivide his lot into three lots under the provision cited above and has obtained the consent for a vacation to allow such resubdivislon from all the owners in the subdivision except two. You ask the following question: Does .an owner by the purchase of a lot in a subdivision where Deed Resttictions ~peci.fically set out further subdivision of those lots as permissible, waive his consent or give a prior consent pursuant to Article 974(a). Section S to p. 1239 -- Gibson D. Lewis - Page 2 (MW-370) the tesubdivision of the original subdivision lots? All purchases of lots in the subdivision were msde subject to the plat as filed along with appropriately recorded covenants, restrictions. and conditions. Under the facts submitted. a purchaser of lots in the subdivision has the tight to resubdivide upon proper approval of the developer pursuant to the recorded plat. covenants, restrictions. and conditions. We note that In cases in which teplattiug is required pursuant to Article 974(a). V.A.T.S.. the 67th Legislature passed Senate Bill No. 767 amending Section 5 of Article 974(a) which considerably modifies the procedure for vacating a plat. SUHMARY Under the facts submitted, a purchaser of lots may resubdivide upon proper approval pursuant to the recorded plats covenants. restrictions, and conditions. JORN W. FAINTER, JR. First'Assistant Attorney Gsoetal RICRARD E. GRAY III Executive Assistant Attorney General Prepared by John W. Fainter, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE SusanL. Garrison, Chairman p. 1240