ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION
Applied in 44 court decisions — leading case Boudreaux Civic Ass'n v. Cox (1994)
Most recently applied in S-G Owners Associaton, Inc. v. Lurdes C. Sifuentes (August 2018)
Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney's fees in addition to the party's costs and claim.
(b) To determine reasonable attorney's fees, the court shall consider:
(1) the time and labor required;
(2) the novelty and difficulty of the questions;
(3) the expertise, reputation, and ability of the attorney; and
(4) any other factor.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.