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We are under contract for home in northern monmouth county, NJ. The house we are buying has a potential conflict with the neighbors needing to come significantly on to my property in order to get his work truck from the rear of his property. One of the solutions we have thought of is to sell the neighbor a piece of our property (our property is 101 x 260 and we would sell them an 8 x 260 section). Before we even propose this, are we able to sell them this property, what is the process to do this and how much would it cost to do so. If it matters, the property is in Hazlet Township. Any input is appreciated.
We are under contract for home in northern monmouth county, NJ. The house we are buying has a potential conflict with the neighbors needing to come significantly on to my property in order to get his work truck from the rear of his property. One of the solutions we have thought of is to sell the neighbor a piece of our property (our property is 101 x 260 and we would sell them an 8 x 260 section). Before we even propose this, are we able to sell them this property, what is the process to do this and how much would it cost to do so. If it matters, the property is in Hazlet Township. Any input is appreciated.
I think you need to speak to a RE attorney. FWIW, I was think long and hard about the consequneces of selling a piece of your property to your neighbor and any ramifications it could have on your future plans with the property and the resale value of your home. Good luck.
I think you need to speak to a RE attorney. FWIW, I was think long and hard about the consequneces of selling a piece of your property to your neighbor and any ramifications it could have on your future plans with the property and the resale value of your home. Good luck.
I agree with North Raleigh Guy. I'm not sure it would be a good idea down the line when you might need to resell the property and this could have an effect on the value. Is this just for his 'convenience' to get his work truck out? Now I try to be a good neighbor, too, but don't see why you should have to sell part of your land just so it's 'easier' for him to get his work truck out. Obviously he has been able to do so in the past, so why a problem now? Did the seller have an agreement with this neighbor that he could drive his truck over part of the property and something that is just now becoming an issue because the propety is being sold?
Why is it a conflict?? Is there some reason he can't just keep on getting his truck out? A man's got to work. Some places won't let 'work' trucks park in front of houses overnight....
Be better to grant him an easement with the proviso that he maintains it and ends if either house is sold later on.
Problems with selling a chunk:
1.minimum lot size-that size may be 101 x 260, you'd be creating a non-conforming lot, which is illegal
2. utility easements under the chunk you sell, now utility workers would have to go on someone else's yard to work on your utilities
3. you'd have to get a minor sub-division approval from the local Planning and Zoning Board
4. depending on where your house is sited on the lot losing that chunk might impact whether you could put in an addition, a pool, a garage or other out-building
I too would recommend against a sale. A recorded easement will accomplish what the neighbor wants and do so in a way that is better for you. If the work truck is literally a semi or other heavy vehicle you may want the neighbor to put down crushed gravel or something so that it does not get stuck in the mud during rain, but I am not sure I would have them pay rent or anything like that.
The idea is with an "expressed easement" you grant them the right to use the land for only a specific purpose and time that fits your needs. If you end up needing to sell you property will be worth more as "100+ feet of frontage" that "over 90 feet of frontage". If they sell and your expressed easement expires on sale you have the power to either grant the new owner a easement or not -- what is neighbor wants to have multiple catering trucks running out of their backyard at pre-dawn hours? That is very different than a single pick-up...
Be better to grant him an easement with the proviso that he maintains it and ends if either house is sold later on.
Problems with selling a chunk:
1.minimum lot size-that size may be 101 x 260, you'd be creating a non-conforming lot, which is illegal
2. utility easements under the chunk you sell, now utility workers would have to go on someone else's yard to work on your utilities
3. you'd have to get a minor sub-division approval from the local Planning and Zoning Board
4. depending on where your house is sited on the lot losing that chunk might impact whether you could put in an addition, a pool, a garage or other out-building
Quote:
Originally Posted by chet everett
I too would recommend against a sale. A recorded easement will accomplish what the neighbor wants and do so in a way that is better for you. If the work truck is literally a semi or other heavy vehicle you may want the neighbor to put down crushed gravel or something so that it does not get stuck in the mud during rain, but I am not sure I would have them pay rent or anything like that.
The idea is with an "expressed easement" you grant them the right to use the land for only a specific purpose and time that fits your needs. If you end up needing to sell you property will be worth more as "100+ feet of frontage" that "over 90 feet of frontage". If they sell and your expressed easement expires on sale you have the power to either grant the new owner a easement or not -- what is neighbor wants to have multiple catering trucks running out of their backyard at pre-dawn hours? That is very different than a single pick-up...
OP, think you just received a good win/win that would not have an adverse affect on you in the long run. Though I did 'bold' part of Chet's response because this is something I personally would want to know so I could determine if I could live with it - though from your post you're already under contract - some people can sleep through anything, others well . . . do think it's important to find out exactly what 'kind' of trucks are going to be driving next to your house and at what times - maybe timeframes could be made a part of the agreement you made with your neighbor? Also on timeframe and as North Beach Person put in their post, what if down the line you wanted to add on to your house or put in a pool or whatnot? Just something to ponder.
Speak to a real estate attorney. Have them draw up an easement to access the property.
It doesn't have to be continous or run with the land. It can end when the deed transfers down the road in the future, the next buyer may not need it.
A cheaper way would be to charge $1 a year so he can't come back later ,using that stupid law that states after so many years of use by him,it is his.
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