HOW EASY IS IT TO GET OUT OF IDYLWOOD? 
A reader wonders if subdividing lots might get you new subdivision rules: “There is a great big ole sign [pictured at right] in the vacant lot at 6636 Meadowlawn in Idylwood. It is a notice of a request to replat the lot into two single family lots. It is plenty large enough, being one full lot and parts of the two lots on either side. As it stands, I can understand why they’d want to replat. The company that bought the property is Nadco LLC.
That in itself is not so strange but what is strange is that the sign also says that the two new lots will create a new subdivision known as Idylwood Partial Replat #1.
. . . I’m wondering if the ‘new subdivision’ would be subject to Idylwood deed restrictions or if they could totally disregard setbacks and lot lines among other things.” [Swamplot inbox; previously on Swamplot] Photo: Swamplot inbox
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No, it should be subject to the existing restrictive covenants of the original subdivision. It’s a new plat in that it will be filed under a different name in the County Clerk’s book.
Wow….lovely neighborhood hope it stays that way.
Yes, the new subdivision will be able to create its own restrictions. Like zero line building, minimal front setbacks, so on. Idylwood will be joining Houston Heights as a mishmash of original homes and mega mansions.
No Darby Mom, they will likely have to follow the existing restrictions currently in place for the lots. The city of Houston makes them rename any replat. I say likely as I am not an atty.
So… who’s right?
It’s classified as a “replat”, this means it’s still under the same covenants. In fact, the existing deed restrictions allowed this subdivision.
When I replated in the Heights area, we had to live with the original set backs. In my case 5′ further back than the city set backs.
If the deed restrictions haven’t expired they will have to abide by the original restrictions.
Deed restrictions “run with the land”. Replatting, or changing names of streets or subdivisions or owners doesn’t matter. The city just requires a new name and code number so they can track when the lot lines, etc. were created. In fact, Idylwood “Replat #X” is a new required naming convention, to better show the link to the underlying subdivision.
So if there is a deed restriction preventing splitting up the lot, how does the developer get around that? Can the city waive the restriction?
Theoretically deed restrictions go with the property and whatever you do on it later you still have to abide by them. Having said that, in an old neighborhood like that not all lots may have same deed restrictions, some lots may have been exempt from way back when. Also, there’s a little known way where you can void your deed restrictions on your particular lot by going through a very specific “buyout process”.
greg: You request a variance which is what that sign probably is- a notice to that a variance to the deed restrictions has been requested, therefore if anyone is inclined to defend the restriction, they have the chance to do so.
@#12–anon,
Not a variance. It’s an application to allow a partial replat.
commonsense: All of the lots in Idylwood are subject to the same deed restrictions. There are no exempt lots. I’ve never heard of your “little known way to void deed restrictions” by a “very specific buyout process.” Care to enlighten us?
@#11 commonsense,
I’d like to know more about this buyout process too. That is, unless it’s strictly for developers like yourself.
I don’t know what the process is in City of Houston but we have done it in the Wooldands (outside of Woodlands proper but in Montgomery County). It was a lakeside lot belonging to a deed restricted community with an annual HOA fee. First we were able to negotiate with HOA to simply dump them for a one time fee (couple of years worth of upfront payments). The deed restrictions on the lot specified that the HOA had the enforcement power and since they were no longer in the picture, the restriction became null and void and we were able to record the update at the county clerk’s office.
lol…stupid NIMBYS are getting their panties in a bunch