Three houses in Fairview, in Collin County, share one private driveway behind one security gate, court records show. The owners at the far end drive past both other houses to get home. On May 28, 2016, two months after those owners and the owners nearest the road sued, the middle owners began installing a fence and gate between their lot and the far lot, a court filing with photographs says.
The three lots were once a single 7.65-acre tract owned by a builder. In early 1995 that builder set restrictive covenants, binding on all future owners, meant to “enhance and protect the lifestyle, the atmosphere, and investment appreciation for all those who will invest in the addition.” The driveway and the security gate were common areas, and an architectural control committee, the ACC, had to approve construction. One clause read: “In all cases, fences must have specific approval from the ACC prior to construction.”
The middle owners, who bought in 2002, wanted a gate on their stretch. Their pleading said the far-end owners could pass through it but would have “no right to keep the gate open for longer than two consecutive minutes except in cases of emergency or with [their] written permission.”…