What recourse if any do we have about greenbelts misrepresented ?

[San Antonio TX resident]

Jurisdiction

Texas

We purchased a home 10/18/2019 in north San Antonio, Texas and today it's 7/25/2021. Upon viewing the MLS sheet provided my agent informed me this this home backs to the greenbelt per the MLS listing the listing broker typed up. I still have that listing copy btw. I purchased this home because I am from FL and the unpredictable weather was getting to much so I yearned for home with max 2 neighbors that backs to greenbelt in north San Antonio, TX. Well that's what this home represents with having only 2 neighbors and was backed to wooded area we were told was greenbelt. Super fantastic home in a gated neighborhood with lots of light and views to die for.....Until a few months ago and someone started clearing the said greenbelt and trails that were behind our home. I am devastated because I was on vacation when the land was cleared and informed over a phone call from my neighbor. I have cried many times since then from sadness, fear, anxiety of exposure since now from a major highway expansion 281 you can see my back fence clear. The noise now is unreal and I find it very hard to sleep now without that barrier of wooded area sound buffer. I am upset and mad all at once. Do I have any recourse? Please advice me legally as I feel robbed and completely violated. Thanks

 

[army judge]

Do I have any recourse?

Probably not.
You can speak with your elected local, county, and state officials.

I suspect the change is due to the government's right of eminent domain.

The highway construction is to facilitate movement of goods, services, and the citizenry. That's extremely difficult to overcome, and very expensive.

Best of luck, and remember the ONLY guarantee in this life is death treats everyone equally.

Death shows no favorites, because the Grim Reaper provides a free, fair, and no discriminatory service to humankind.

 

[San Antonio TX resident]

I should note the said properties that are now cleared are investment owned stripe 4 acres or more running long ways along our property fences. This property behind me is zoned C2 commercial. The clearing is on this private owned lot which the realtor listed as greenbelt. The state took land way down the hill. Clearly marked all on cat property website.

 

[army judge]

I should note the said properties that are now cleared are investment owned stripe 4 acres or more running long ways along our property fences. This property behind me is zoned C2 commercial. The clearing is on this private owned lot which the realtor listed as greenbelt. The state took land way down the hill. Clearly marked all on cat property website.

No need to waste your time with a stranger.

As I suggested, your ELECTED officials MIGHT be inclined or motivated to assist an organized group of affected homeowners/VOTERS/TAXPAYERS.

There tends to be strength and power in numbers.

The print, radio, and television media might also assist you in airing your concerns.

 

[Zigner]

The MLS listings have clear disclaimers about accuracy. You can't rely on them for anything except getting your attention.

 

[welkin]

I should note the said properties that are now cleared are investment owned stripe 4 acres or more running long ways along our property fences. This property behind me is zoned C2 commercial. The clearing is on this private owned lot which the realtor listed as greenbelt. The state took land way down the hill. Clearly marked all on cat property website.

I suggest that you sit down because this is what the C2 commercial zone in San Antonio allows for.

C-2* Commercial District (Sec. 35-310.10) C-2 districts accommodate community commercial uses, with unlimited building size, and building height limitation of 25 feet. Examples of permitted uses: liquor store, miniature golf and other indoor gaming facilities, small indoor movie theater, pet cemetery, auto & light truck oil, lube & tune-up, auto glass tinting, tire repair (sale and installation only), gas station, appliance sales & repair, charitable food & clothing banks and dry cleaning. No outdoor storage or display of goods shall be permitted except for outdoor dining.

Those are just examples but not limited to.

If you want to know what is proposed you go to your San Antonio planning office and ask to see any applications that were filed for the property and the others.


"Greenbelt" is a general term that refers to natural, undeveloped, and/or agricultural lands that surround urban areas. These lands may include open spaces, parks, farms and ranches, wildlands, or a combination thereof—as designated by cities, counties, special districts, and other jurisdictions.

So at the time you purchased the property that land could be defined as a Greenbelt. However, there is a big difference between a protected Greenbelt and one that is not.

 

[Tax Counsel]

Well that's what this home represents with having only 2 neighbors and was backed to wooded area we were told was greenbelt.

There are several problems I see here. First, as welkin points out, the term greenbelt on its own does not mean that the area is necessarily legally protected against development. Did you ask the sales agent what protection there was for that greenbelt? If so what was the reply?

If you didn't ask or didn't verify the answer by checking with the county that was, unfortunately, a mistake. Never take what MLS ad or what the sales person tells you about the property as gospel. Always verify it, especially if it's something that is very important to you, as a protected greenbelt apparently was.

Second, if something the home purchase is important to you, get that in the sales contract. Did you have anything in the contract in which the seller represented that the area behind the home was a protected greenbelt and could not be built upon? That would be important since that may allow for suing the seller on a breach of contract should the representation turn out to be false. Without that protection, you are generally left trying to prove the seller engaged in fraud, and that is often hard to do. It is a real challenge if the statement made was simply a vague claim of there being a "greenbelt" behind the home with no representation that the greenbelt had any legal protection. Moreover, you'd have to prove that the seller/agent knew the claim they made was not true, a difficult task without some evidence that they knew or had to have known it was not true.

Finally, there is the problem that you had the opportunity to protect yourself here by verifying with the city or county that the land behind the home was a protected greenbelt, since that is public information. Courts are less sympathetic to you on things like this when you could have independently verified yourself what the facts were.

I'm not saying that there is no way you don't have a claim here. I don't have all the details to make that determination. I'm just pointing out some potential problems you may have here. I suggest you meet with a civil litigation attorney (or two) that has experience litigating home sales cases for advice. Most attorneys give free initial consultations, so you have nothing to lose but a little time. The attorney can go over all the details you have and tell you if there is any recourse against the seller or the sales agent.

One thing is pretty clear, though. If you are no longer happy in the home with the development now taking place behind you, you'll want to consider moving. Even if you have legal recourse against the seller or the real estate agent that isn't going to bring back the greenbelt that you had.