Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
OP, I'm surprised at those who are telling you to walk away. I am not a lawyer, but especially at this stage of the game when you haven't even finalized the purchase yet, it doesn't seem like THAT huge a deal.
At my former house (which I still own but rent out), I thought about asking my left-side neighbor if I could buy a strip of land about 10' wide by 70' deep, as my left-side yard is only 3' wide according to the city. (I don't know how they got away with that when they built the house 30+ years ago, as setback rules are way more than 3'.) The strip of land would have given me a bit of "breathing room" on that side so I could (maybe) build a little lean-to shed attached to the side of the garage. The neighbor actually ended up putting up a partial fence that was several feet within HER property, which makes my property look wider -- so I never ended up buying the land. I DID call the city and ask them if it is possible to do things like that, and they said yes, it would all just need to be recorded on the deeds (hers and mine).
I would suggest that you first check with your city or town to see what they say -- as others have pointed out, it's probably not as easy as your builder just saying "OK, here's your new property line." As you wrote, surveys have already been done, and they would need to be RE-done.
I looked at the plot document, and I like your lot!! I think I would go with letting the neighbor buy the 10' strip that he thought was his land already -- that won't be too expensive for him and it won't be much of a loss for you. I am curious, how is your house sited on the lot, since it's an unusual shape?
To not have your own survey is to be penny wise and pound foolish.
The developer had to have each lot surveyed and typically when the house foundation was staked out a surveyor needed to attest that it met required setbacks. Just go to the original surveyor and ask them to re-survey your lot. The cost should be modest. That is when you will KNOW whether or not the neighbor is encroaching.
to not have your own survey is to be penny wise and pound foolish.
The developer had to have each lot surveyed and typically when the house foundation was staked out a surveyor needed to attest that it met required setbacks. Just go to the original surveyor and ask them to re-survey your lot. The cost should be modest. That is when you will know whether or not the neighbor is encroaching.
Good God...........a new development and you'd think people could see the stakes, poles, posts or pins used to mark the property lines.
Standard side setbacks for your county is 7 feet.
If, as you posted previously, you decided to put up a fence and he couldn't get a lawnmower through.... I think the neighbor has more problems than he realizes...... like his house extending into the side setback.
Any changes made to the approved plan means going back to the appropriate county departments and getting reapprovals. It takes time... and money.
Real estate is NOT SOLD THAT WAY! Real estate is divided into parcels. The county has the legal descriptions, the surveys and the maps. Nobody can change that without going trough the county, and it wouldn't surprise me if the process is long and arduous.
A deed is a piece of paper that shows the ownership of a parcel. You can't just trim off part of a deed and tape it to a different deed.
It is actually not that big of a deal for someone who does it all the time, like this builder/developer.
You probably have to file a subdivision application and sale paperwork to the other guy, but this builder has already done that plenty of times in the neighborhood.
OP, I did not realize that you were not buying and then selling to the neighbor. As long as you can get the builder to agree with you on where the property line should be, it shouldn't be an issue at all and everyone will be happy.
To not have your own survey is to be penny wise and pound foolish.
The developer had to have each lot surveyed and typically when the house foundation was staked out a surveyor needed to attest that it met required setbacks. Just go to the original surveyor and ask them to re-survey your lot. The cost should be modest. That is when you will KNOW whether or not the neighbor is encroaching.
I don't mind doing that, like you said the cost isn't that much (probably the cheapest "insurance" I will ever buy), but what is the new survey going to tell me that the old one doesn't? Like you said, he had it surveyed when the foundation was staked out, I don't understand what is gained by sending the same guy out again to put stakes in the same spots that he put them in last time (and that are actually still there).
Maybe a better way of putting it is, when I take your advice, what should I look for?
Ok... I talked to the city and the county. Moving a lot line is actually very easy around here, especially if they are zoned the same and there are no issues with setbacks.
Given the overwhelming responses suggesting it, I will be getting my own survey done on the lot to make sure that the corners of the property are really where I think they are.
The developer has said he is going to take care of all of the paperwork if the neighbor will pay the county/city fees which amount to less than $1,000.
I am going to wait to get my own survey until AFTER this noise is finished, but BEFORE I actually buy the property.
Any other thoughts on how to come up with a fair value?
I am building a new house and have a huge, slightly odd shaped lot because it is at the end of the cul de sac. It is what some people call the "left over" lot.
I called the developer and he is a little pissed at my neighbor because he didn't use the developer to do the sod and the company that did, made some assumptions (clearly wrong) on where the property line is. Since I don't actually own the property yet, I think the plan would be that if I want to sell some of the land, the developer would do the actual sale and just subtract the net from my final bill for the house. I have a contract for the house and lot, so it isn't like the developer could sell it out from under me.
My question is what would a be a fair price to sell him either:
a) Just the 10 foot strip that he thought was his all along.
b) A 40 foot strip so that he has a real side yard.
Don't do it.
My best friend and her husband bought a new house that was the last house built, and they are next door to the first house built also. They are in arguments with their neighbor over where they can put down a concrete driveway extension, so they called the developer. Back and forth they all went until finally the developer threw his hands in the air and said "You bought it, you deal with it."
They have never been able to get it resolved.
That neighbor is basically screwed unless he takes the developer to court to get enough property to be able to have some space between your property line. The developer is the one who made the mistake in building that house on the property line.
I'm generally on the side of people who are saying that you should be paid but it isn't a huge problem.
On the other hand, to answer your question about what red flags it sends up: The biggest question to me is that if the developer screwed this up, who knows what else he screwed up that you don't know about? It's like the Van Halen contract rider requiring the promoter to remove all the brown M&M's.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
