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My house encroaches the building line. The MUD District, which enforces the deed restrictions will not approve it. What next?

Spring, TX |

I spoke to the escrow officer at the title company about issuing the T-19.1 endorsement to a potential buyer so I can sell my house. I was told that this would not fix the problem, that I would need a signed letter of approval from the MUD board. Well, the MUD board will not approve it, so now what do I do?

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Attorney answers 1


There should be a legal process for seeking a special exception from the setback requirement; especially if the violation was innocent. Normally the permitting agency requires a site plan prior to construction and if it showed the encroachment but was approved by the permitting agency, you may have recourse there as well.

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My original survey shows the house is on the property line. No one knew about the encroachment until my buyer had a new survey done. I think all the title company wants from the board is a written statement that they are aware of the encroachment but they are not going to take any action, like require the house be torn down. I just need to explain it to their attorney, if they will let me talk to him and make him understand. I think if I can do that, he will okay the board signing a statement. I had another survey done myself just to be sure and this surveyor told me that the lot plats in my area are way off. I don't know if that would cause my original surveyor to be off or not. I had my original surveyor and the buyer's surveyor come back out and re-check. My original surveyor is retired now and no longer has equipment. He didn't really have much to say one way or the other.



I spoke to the operations manager at the title company and she told me that a letter of approval from the MUD District Board is not necessary because the house is over four years old and no one has had a concern. It looks like I never needed approval from the board since the statute of limitations on this issue is four years. It seems I have lost a good cash buyer, over $400 for a new survey, time and stress for nothing, not to mention the buyer losing money for a survey and an inspection and having to pay for these items again on another house. Needless to say, I am NOT happy!

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