San Antonio property easement law (HOA, how much, attorney)

[kathygautesensharber]

What is the easement for residential property in San Antonio? I want to build a shop as close to the property line as possible.

[mrstxcop]

i THINK it is no permanent structures w/in 10ft of the property line ---

[smitty12]

Originally Posted by kathygautesensharber

What is the easement for residential property in San Antonio? I want to build a shop as close to the property line as possible.

Your survey from when you bought the house should have that marked on it. It may vary from place to place even within the city. There are some places that have zero lot lines.

[ged_782]

Most developments have Deed Restrictions that delineate buiding setbacks & utility easements; you should have been furnished a copy when you purchased the property. The City doesn't enforce Deed Restrictions, that is usually done by the developer, HOA, or individual property owners. You may need to contact the City's Development Services Department to find out if there is a uniform minumum setback for accessory buildings, but I doubt that there is one. If you are inside the City of San Antonio, and the accessory building will be more than 120 square feet, you will need to obtain a building permit.

To give you an idea as to how something like this might work, a neighbor behind me enclosed their entire front yard with a 4 foot high chain link fence a few years ago. That fence violates the Deed Restrictions for the subdivision, and I know some of the adjoining neighbors objected to it, but development in the subdivision was completed many years ago, and the builder no longer enforces the Deed Restrictions because he no longer has an economic stake in it. We have no HOA in the area, so as I understand it, individual property owners would have had to take it upon themselves to hire an attorney to enforce the restrictions against the property owner who put up that fence. Since no one apparently was willing to do that, the fence still stands today. And yes, they got a City permit to put it in (I checked).

[dvlpr]

Originally Posted by kathygautesensharber

What is the easement for residential property in San Antonio? I want to build a shop as close to the property line as possible.

Kathy:

Your ability to build on your property is governed by three factors:

1. Deed Restrictions/CCRs. If these exist, you should've been furnished with a copy when you bought your property. If not, you should be able to get them from your HOA. If the HOA is inactive, you can get them from the Bexar County Clerk (they must be recorded to be enforceable).

2. Plat. When your subdivision was platted (which it most likely was), setbacks may have been placed on your property. Again, you should've received a copy when you bought your property, and you can find a copy at the BCC (all plats are recorded).

3. Zoning. San Antonio established base zoning districts for all properties within city limits, and each zoning district has different setbacks. You can find your zoning district by going to CoSA's website and going to the "Development Services" section and opening the GIS Mapping Application. After you find your property's zoning designation, open the "Unified Development Code" under the "RESOURCES" tab to determine what your setback is.

Keep in mind: Deed Restrictions/CCRs supercede Plat, and Plat supercedes Zoning.

Good luck!

[kathygautesensharber]

Thanks, dvlpr. This is very helpful!

Originally Posted by dvlpr

Kathy:

Your ability to build on your property is governed by three factors:

1. Deed Restrictions/CCRs. If these exist, you should've been furnished with a copy when you bought your property. If not, you should be able to get them from your HOA. If the HOA is inactive, you can get them from the Bexar County Clerk (they must be recorded to be enforceable).

2. Plat. When your subdivision was platted (which it most likely was), setbacks may have been placed on your property. Again, you should've received a copy when you bought your property, and you can find a copy at the BCC (all plats are recorded).

3. Zoning. San Antonio established base zoning districts for all properties within city limits, and each zoning district has different setbacks. You can find your zoning district by going to CoSA's website and going to the "Development Services" section and opening the GIS Mapping Application. After you find your property's zoning designation, open the "Unified Development Code" under the "RESOURCES" tab to determine what your setback is.

Keep in mind: Deed Restrictions/CCRs supercede Plat, and Plat supercedes Zoning.

Good luck!

[marilyn11]

Can a air conditioning unit be placed on the 5 ft set back which is required by law. The developers have put the ac unit on the set back easement. It is 1 ft away from my fence.

[Bo]

Originally Posted by marilyn11

Can a air conditioning unit be placed on the 5 ft set back which is required by law. The developers have put the ac unit on the set back easement. It is 1 ft away from my fence.

You should check with San Antonio Development Services. It sounds like you'll need a zoning variance. I would recommend you wait to ask when you have a spare $400, since that's how much a variance costs.