Guidance needed from Surveyor, as I am not

> any help pointing me in right direction is appreciated

I assume that Dallas has land use zoning that also establishes setback requirements independent of the subdivision plat. Have you determined how your lot is zoned and what the applicable City of Dallas ordinances provide in the way of setbacks for that zoning category?

If you are looking to build a home then you are subject to the building departments interpretation of the plat.

Building departments typically have little to no knowledge of legal language and interpretation.

I would approach a local land surveyor, and get his opinion on how to proceed. They would be more knowledgable on the attitudes and positions of the local building departments.

If you came to my office, I would suggest a bulldog attorney, to review the documents and approach the building department on your behalf. With lawyers involved, the local officials roll over pretty quick.

Yes, current zoning is less stringent (35 feet) for front setback

Covenants and restrictions are different from set back requirements and similar zoning issues. Although most people would consider anything hampering full enjoyment of every inch of the property in any fashion desired by the owner to be a restriction, that does not conform to the standard usage of the term as it pertains to real estate. Sorry.

Thanks, not a bad idea.

> Yes, current zoning is less stringent (35 feet) for front setback

Yes, sorry, I should have caught that detail in your original post. So, there are two elements to this. The first is documenting that your lot is no longer subject to the setback requirements shown on the plat and the second is convincing the City of Dallas of that fact. In most large cities, there are attorneys who do specialize in these sorts of issues. I'd probably contact one to see what he or she would suggest.

Apart from the City of Dallas, you don't want to leave yourself open to some legal action by your future neighbors to enforce some common scheme of restrictions to which they think your land to be subject.

Good morning, the way I read your post, I would think that the 50 foot front setback would stand because it is platted, and the side yard setbacks on the second page might not. As others has stated, the current zoning would control the side setbacks. A developer can always impose stricter restrictions than what is required.

Interesting. we seem to run into the exact opposite problem here, where the zoning people refuse to accept platted setbacks which differ from the new zoning requirements. Governments always seem to want to have their cake and eat it too. They likely cannot say that one setback is still enforceable and others are not as that would be arbitrary enforcement...but I would seek an attorney who specialized in zoning issues.

Is there an active HOA? Is there anything thing in the writing suggesting who would enforce the restrictions? I don't see the City having an interest in enforcing setbacks laid out by a private entity. If you asked your zoning folks to give you an opinion as to the setback, they would pull up the zoning for your lot and give you that requirement. I can't imagine that they would check the plat unless you brought it to them.
Seems pretty clear to me that the requirement has expired.
And yes, if a deed or plat is referenced in a recorded document, it essentially becomes a part of that document. What you can't do is leave the "four corners" of a document to determine intent. Such as the expiration of a requirement.
Not legal advice, just my opinion. Get an attorney.

No active HOA. I think only neighbors in same subdivision could seek "damages" if i ignored the 50' setback. Problem is the building department wont issue permit based on anything less than a 50' building line per their interpretation of plat.

> Good morning, the way I read your post, I would think that the 50 foot front setback would stand because it is platted, and the side yard setbacks on the second page might not. As others has stated, the current zoning would control the side setbacks. A developer can always impose stricter restrictions than what is required.

The problem I've found is that while the building approval process will be driven by the current regulations, the more restrictive platted line is in the chain of title.

I worked on a project once where the plat had a note that 'The building on Lot 13 shall be no greater than 3,500 square feet'. It was an out parcel around a shopping mall and the original site plan approval was for a restaurant. The building size restriction was based on water and sewer capacity at the time for a restaurant.

Fast forward ten years (no restaurant ever built) and a guy buys the lot to build an quick oil change place larger than 3,500 S.F. The county gives him all the site plan and construction plan approval; but no commercial lender will touch the deal because every title insurance company was excepting from coverage any issue regarding building size.

We ended up have to replat the lot with everything the same except for the note. But now we had to meet all the current plat requirements.

The moral of our story: Friends don't let friends put zoning related items into the chain of title.

Sounds like your view is that the plat map shoulid be read independant of narrative( covenants and restrictions) recorded with the map

There are two ways to look at this. One is everything expired in 1976, including the 50 foot setback and the sideyard setback. Another way to look at it is just the written part expired in 1976 which would make the sideyard setback go away but not the front yard 50 foot setback.

I tend to agree that the setback should still be 50'. Its kind of a gray area though. You could hire a lawyer and see what he can do about it but that might not be worth the effort.

Does your deed reference any other "Covenants and Restrictions" that may have been filed after the map was recorded?

As others have said, if it appears that the building department is hung up on the plat despite the apparent expiration of the restrictions, you may be at the point where an attorney is needed to make your case.

I have been thru this before where the front building line setback requirement at the time of platting is different than it is today.

When the plat was accepted by the city/county and recorded at the courthouse it was to the standards at that time. The developer, city, county, and public all knew the set back line.

Here is a problem you may run into if you build to a 35 foot set back line. Someone maybe next door to you or even a few streets over could complain to the city about you building 15 feet closer to the road. 1) because they want to be 15 feet closer to the road as well or a bigger house, and will be jealous that you are. 2) they will say the only reason they moved into the subdivision was because they loved the 50 foot set back and how nice the drive on the streets were. 3) because you built to 35 feet you hurt their home valve.

Its rough dealing with the city permit department, if you live in a subdivision with no building lines, they still make you built to current lines for safety reasons.

Are there any sewer, water, powerline in the 50 set back?

You may want to see if you can replat your lot.

For me I feel the 50 foot building line will stand.

> The moral of our story: Friends don't let friends put zoning related items into the chain of title.

I have tried that argument with our local p&z folks that want to see setbacks on new plats. I failed.

Local government control, it is going from bad to worse nationwide.

No utility issues. City planning told me i can do an amended plat and bring it before the commission for vote.. Not outright opposed to idea but seems illogical to spend a lot of money on sometthing that already may be as of right. Plus its a gamble going thru the work to possible grt turned down. And to be clear, im perfectly fine buiilding a new home per zoning.

I would think that the lot is subject to the building line accepted by the City when the subdivision was approved. If you wish to have the building line changed, I would suggest that you apply for a variance. If it is not approved at the staff level, you can take it on up the line. Trying to do this without City approval could open you up to a civil action.

Deed has a broad statement that the conveyance subject to all restrictions, easements, comditions, covenants of such property as shown in records of dallas