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I think I'm ok with the risk. It's pretty low.
I'm wondering if it'll effect resale value if we sell it.
What would you do?
I hadn't thought of the jacking up the garage resolution. I was thinking they would have to demolish the side fo the garage and make it a little smaller (since it's an oversized 2-car garage), but either way, not sure if doing any of these makes any sense.
Me personally...I would talk to the title company and make sure the home is insurable.
I think I'm ok with the risk. It's pretty low. I'm wondering if it'll effect resale value if we sell it.
What would you do?
I hadn't thought of the jacking up the garage resolution. I was thinking they would have to demolish the side fo the garage and make it a little smaller (since it's an oversized 2-car garage), but either way, not sure if doing any of these makes any sense.
IMO it would influence the resale in a couple of areas. First, your potential buyer pool will be smaller as there would be a percentage of buyers who wouldn't even consider the house with this issue, even though the risk was low. There are just too many houses to choose from without the potential risk associated with a sewer encroachment. Second, as a buyer I would be looking for a discount due to the encroachment if I decided that I wanted the house.
What would I do? Find a house I liked that didn't have this problem, especially if I thought I'd be selling it sometime in the future.
I think gbone is being overly cautious. Silverfall's advice is sound, and I am 99% sure that the answer will be "not a problem". If there is a problem I am fairly certain that you could work something out with the City that would quell any concerns. These days the technology they have to locate any problems with sewers is such that they can pinpoint the problem and fix it with minimal disruption.
If yoy were super paranoid about this you could inquire about working out a deal to acquire some of the easment and have the your lot replatted. Then you would as golden as you can get, but in my experience that is just overkill.
IMHO I wonder how old the sewer easement is. I would imagine if it is an old, old one there could be problems, sooner than later. I know some folks in Atlanta in old neighborhoods have had issues with them because they are soooo old.
We have one that runs down the back of our property, all behind the houses. And a manhole back in to corner. Never really thought or worried about it, because there is plenty of room should it need accessed.
I don't know, surely it was okay to begin with as far as permits, etc., or the house would have never been built? And don't the current owners have insurance?
Good luck with your decision!
Homeowners Insurance is not Title Insurance. If a home is obviously encroaching on a neighboring plot there has to be an "Endorsment for substantial encroachment" so that there would be no encumbrance upon the title -- fancy way of saving the policy has to specifically cover the possibility that someone royally screwed-up and the survey was not consulted when the place was built. Pretty rare for this to happen, mostly would be the result of some long ago subdivision, typically done to carve a big lot into smaller ones and then some amateurs built homes. Then there was a falling out and somebody pulled the old "hey you built your home over MY edge of the lot"...
I just do not see that being anything remotely like what has happened here. The easement was probably commonly understood to be designated by some obvious marker (like a manhole cover) and the garage builder did not have as good surveying tools as the more recent survey, thus the line from the manhole cover waggled a bit before lasers and GPS and the gargage is technically in the easment. This is a very low risk situation...
I just do not see that being anything remotely like what has happened here. The easement was probably commonly understood to be designated by some obvious marker (like a manhole cover) and the garage builder did not have as good surveying tools as the more recent survey, thus the line from the manhole cover waggled a bit before lasers and GPS and the gargage is technically in the easment. This is a very low risk situation...
That probably is it, the garage builder may have screwed up on measuring where the easement was. Since it's such a small corner.
crazyma:
The home was built in 1972 and from the old land records that I found, it shows the sewer easement was put in then. The detached garage was built after that. But no one is sure when it was built. I'm having trouble finding out that information.
Well I talked to the city. They said they have worked on those sewer lines before as they have had issues with it. They said it's a risk that we have to take. They have trackhoes that dig up by the sewer line and it could damage the garage. But of course they aren't responsible for any damages. They also said they don't backfill the easements. (Not sure what they meant by backfill).
We're confused. My husband's family as well as mine are saying to walk away.
We asked our agent to first ask the seller to fix it. And then maybe ask for an adjustment in price if she won't fix it. But I don't know.
Well I talked to the city. They said they have worked on those sewer lines before as they have had issues with it. They said it's a risk that we have to take. They have trackhoes that dig up by the sewer line and it could damage the garage. But of course they aren't responsible for any damages. They also said they don't backfill the easements. (Not sure what they meant by backfill).
We're confused. My husband's family as well as mine are saying to walk away.
We asked our agent to first ask the seller to fix it. And then maybe ask for an adjustment in price if she won't fix it. But I don't know.
Sheenie, this post somewhat confirms my previous post on this thread where I raised as my major concerns having to do with problems selling the house if you ever decided to. I stated that the buyer pool would be smaller(i.e., parents on both sides are against the purchase) and that people may try to get a lower price(what you are considering now).
I need to let you know though that I am biased as I'm an old codger with grown up kids and seven grandchildren. My recommendation to one of my children in this situation would be to not buy for the reasons stated.
Well I talked to the city. They said they have worked on those sewer lines before as they have had issues with it. They said it's a risk that we have to take. They have trackhoes that dig up by the sewer line and it could damage the garage. But of course they aren't responsible for any damages. They also said they don't backfill the easements. (Not sure what they meant by backfill).
We're confused. My husband's family as well as mine are saying to walk away.
We asked our agent to first ask the seller to fix it. And then maybe ask for an adjustment in price if she won't fix it. But I don't know.
I think it is a small risk; but it is a risk. Personally, I would listen to the two families.
Three examples I have observed in the past. My neighbor built his house with one corner of his garage one foot across the property line (private, not easement). Before he could get his loan finalized he was given the option to rebuild the garage to solve the encroachment problem, or buy the adjoining property. He bought the property and paid a premium for it. Here in Little Rock in the past three months there have been two problems with sewers collapsing. One was under the house and destroyed it. Today's TV news said they are negotiating with their insurance company. The other was running across the front yard and after it collapsed the occupants couldn't access their home from the front. The city said they couldn't fix the sewer because it was a private sewer on private property. Neighbors and friends fixed it for the owners. So, what have I said? it is a risk, but only you know if you "love" the house and are willing to take that risk. Good luck.
They also said they don't backfill the easements. (Not sure what they meant by backfill).
Backfill means that after they dig it out, they refill it with the same dirt and smooth it out. What I am guessing is they just fill the hole back up and don't smooth it out. I can't imagine they would dig the hole and leave a gaping hole there...that would be a lawsuit waiting to happen as someone would fall into it and hurt themselves.
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