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Just generalize what they are building so nobody can guess. Is it a residential subvision/aparment complex/condos or hotel or a road/interstate/railroad/bridge or is it a mall or a commercial/industrial area /restaurant or park or sports venue /golf course /marina or school/hospital/government complex. All of these are pretty general and built everywhere.
Also..if they are 'suggesting' you replant the greenbelt, this sounds like they cannot force you. Else the letter might have been more forceful in the wording.
Agreed, it would probably be helpful to know. I have been reading along and now wondering what it is they are possibly building that still benefits the nature of a greenbelt. From what has been defined here it sounds like it is only supposed to be plantings to keep up the beauty of the area and not any sort of community center or public recreation space.
Also I am a little confused on how they could be asking you to restore the land to the greenbelt and yet they are building something. Are they asking you to restore the greenery BETWEEN your land and the parcel on which they are building? Who owns the property on which they are building?
Agreed, it would probably be helpful to know. I have been reading along and now wondering what it is they are possibly building that still benefits the nature of a greenbelt. From what has been defined here it sounds like it is only supposed to be plantings to keep up the beauty of the area and not any sort of community center or public recreation space.
Also I am a little confused on how they could be asking you to restore the land to the greenbelt and yet they are building something. Are they asking you to restore the greenery BETWEEN your land and the parcel on which they are building? Who owns the property on which they are building?
What they are building will not block my view because its on a down slope beneath the fence. Its not a building or anything but it will attract people to come very close to my property and can be noisy. So that we are not affected by the noise they want us to regrow the NGPE. They are not forcing us, but there is nothing that can stop this request from becoming a threat as the city has already tried once, they can try again.
OK. Followed up with the title company and the NGPE is on the title. Its one of the 35+ recording numbers in the exceptions. We missed looking at some. Our realtor ofcourse did not care. I had asked him specifically if there was something in the title I should be worried about and he said there was nothing out of ordinary. We trusted him and I am guessing we own this problem now.
Do we have any recourse at all? We dont want to take a chance with the city. The city has lately become very strict with Native Growth. The seller were breaking the rule all throughout and we bought their problem. Are the sellers now not liable at all?
My faith in the system of this country is completely destroyed. How is this better than any third world country.
My wife is distraught. We already had problems with our 18 month old baby and our plan was to focus on her well being and give her what she deserves. We have lost our backyard, we now have to bear the costs of an NGPE there and we dont know where to start. This is just not fair
I remember needing a survey for any home that I have purchased. Maybe my Realtor just recommended it but I remember getting one for every home I have ever purchased.
I remember needing a survey for any home that I have purchased. Maybe my Realtor just recommended it but I remember getting one for every home I have ever purchased.
Absolutely. You do WANT a survey but banks quite often don't care and title insurance companies then exclude any issues a survey may have uncovered.
I know that this has been already stated but you really need an attorney. The fact that the previous owner apparently knew about this issue and didn't disclose it is a problem. My question is: is this an easement or did the property transfer? You need to establish that the City/County notified the previous owners that they were in violation. You also need to see the easement agreement for wording and exclusions.
I know that this has been already stated but you really need an attorney. The fact that the previous owner apparently knew about this issue and didn't disclose it is a problem. My question is: is this an easement or did the property transfer? You need to establish that the City/County notified the previous owners that they were in violation. You also need to see the easement agreement for wording and exclusions.
It is strictly an easement and was on the title. The seller was also clearly in non-compliance with the easement. OP is in the classical position of having gotten bad RE service from his agent and less than honorable behavior from the seller.
Off hand he has to sue everyone involved. Even his own agent for failure to pick up the non-complied to easement.
Survey would make no difference. OP was on notice of the easement through the title. OP owns the property. He simply is not able to use it.
OP also needs to discuss with an Attorney the ramification of a long term failure to observe the easement and his duties to restore it.
OP needs to get to a good lawyer and determine what course of action he has and against who...and it has to be a true Real Estate Attorney who has specific knowledge of this area.
It is strictly an easement and was on the title. The seller was also clearly in non-compliance with the easement. OP is in the classical position of having gotten bad RE service from his agent and less than honorable behavior from the seller.
Off hand he has to sue everyone involved. Even his own agent for failure to pick up the non-complied to easement.
Survey would make no difference. OP was on notice of the easement through the title. OP owns the property. He simply is not able to use it.
OP also needs to discuss with an Attorney the ramification of a long term failure to observe the easement and his duties to restore it.
OP needs to get to a good lawyer and determine what course of action he has and against who...and it has to be a true Real Estate Attorney who has specific knowledge of this area.
I completely agree with this. I can't believe the agent didn't advise them to talk to an attorney about the ramifications of 1) a title report with 35 exceptions, and 2) this easement.
I assume the agent had been on the property so they would have clearly seen that the area had been converted. I also have to say that if you walk to the back of a house and can see that all of your neighbors have trees and shrubs along a certain line, and this house didn't, it would be a red flag worthy of some questions. This is the PNW where we have a lot of riparian regulations and designated green spaces and such.
Must be a little different in the PNW than in California.
The brokers/agents I know simply do not offer advice or guarantees and statements are usually couched in disclaimers.
Guarantees? No.
Common sense should prevail. A title report with 35 exceptions is a lot. I think advising a client to seek an attorney to review a title report like that would be basic fiduciary duty OR at minimum encourage the buyer to read everything and ask the title officer, who is an attorney, questions. I think the most I have seen was 21 on a title report.
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