Sorry if the subject line wasn't too detailed, but here's what I want to do. My neighbor will be selling his house soon. I want to ask him if I can purchase 10' from the current propery line onto his yard. All total it's about 100 square feet. We are in a typical subdivision. If he agrees to that, I will build a new fence on the new line. But I have some questions.
First, how do I find out what the value of the land is worth some thing like this? Second, how do I get it recorded at the local government level (county)?
The value is whatever he will sell it to you for. Maybe start at some percentage of assessed valuation of the land or something similar.
County recorder is usually the one who does that, I think. Call them and ask. I would probably also find an attorney just to keep things legal. I would also find out who has zoning authority and ask them if there might be any trouble for your neighbor. Sometimes zoning rules require minimum lot sizes.
And even if the lot size will be fine, don't they often require a minimum distance between the house and the lot boundary? Moving the boundary 10 feet could put it to close to the house.
How close is his house to the property line? How close is yours? Unless you are willing to offer a lot of money for that land there is little chance he will sell it. He is selling his entire property and that land is part of it.
It would have to be a nice bit of dough to convince him or his realtors and attorneys that this is good for him. You count your money. Then you get an attorney to help you decide what you can and cannot do. Asking to buy ten feet, that makes you look a little desperate so that always cost extra.
Even if the county will allow it, a new survey may be required. You had better want that 100 sq/ft really bad to go to the trouble necessary to buy it. But if you have the dough, it can probabley be done but dont expect to be charged for 100 sq/ft, hehe. Expect to pay through the nose unless your neighbor is your personal friend and wants to do you a favor.
Before you spend a bunch of money, go talk to the town/city/county planner and ask him.
In the end, if it's not easy to subdivide (and it might not be in a subdivision), you might find it easier to pay your neighbor to give you a fence easement or to just pay him for the right to construct the fence without transfering real estate.
You live in a subdivision, and want to buy some of neighbors property? Good luck with that, unless the neighboring property isn't in the subdivision.
I have yet to see a subdivision which hasn't been set to minimum size lots for the division.
I'll take the odds, your zoning won't go for it. And, they'll give you this dumbfounded look, as if they can't believe someone would ask such an question, and still be in charge of their own finances.
You could google "adverse possession" for your state and area. If the lots are big like in my neighborhood (1 acre minimum) the cost of all the legal mumbo jumbo can really turn into a hassle for that small of a parcel. Adverse possession doesn't necessarily mean you hate your neighbor. That's just a legal term. Each state has different laws.
The value is more like "what do you want to pay". I would begin by discussing it with the neighbor. If he is interested, then you have a reason to proceed. It would be helpful to know the size of the lots, the distance between structures, and how far the new line would be from the closest structure. If the neighbor is agreeable, you might be able to get the deal okayed with zoning authority, but probably would require advertising to other neighbors and some sort of hearing. It might be easier, if at all feasible, to work out something with the buyer of that property, as the present owner has no particular reason for going to extra trouble if he is selling the property anyway.
The zoning board here grants exceptions all the time, but there are limits, and most keep a certain distance between structure and property line as an absolute minimum.
Not necessarily. We don't know how big the lots are that we're talking about. It's possible the neighbors lot is way oversize to beging with. But I agree, it doesn't sound likely, or else 10 feet likely wouldn't be so critical on his lot.
To figure out if it theoretically can be done, check zoning for minimum lot sizes, setbacks, etc. If any of that is a no go, then that's likely the end of it. It would cost quite a bit to apply for a variance and the likelihood you'd get it is slim to none.
As to what it's worth, ask yourself how much the loss of that piece affects the sale price of his property. No one here can see it. If, for example the adjoing property is 3 acres of woods, then it would matter very little, assuming the resulting lot still meets all the previous zoning specs. On the other hand, if he has a small backyard and this makes it even smaller, then it would impact it a lot. Or if it means there is no space for a future pool. You could get a real estate agent to give you an estimate of the change in value. Also, you are going to have to pay for all the legal costs on both sides, surveys, any town fees, recording fees, etc.
And then we get to what is likely the real show stopper. Even if the impact on his house price is small or non-existent, unless it's quite a bit of money, why would the neighbor even consider it? And it sounds like your timing could not be worse. If the guy is about to sell the property, why would he want to get mixed up in this, which could take months to get done. And meanwhile, he can't even show the house, unless he wants to tell potential buyers "Oh, by the way, I'm in the process of selling 10' of the backyard to my neighbor." And I don't know exactly when that will be competed. Not something any rational seller would want to do.
Another thought on a show stopper. If the neighbor has a mortgage on the property, he's going to have to get approval from the mortgage holder, as well as any other lien holder to be able to sell the piece to you. Don;t know what that may involve, but it doesn't sound pretty.
You could avoid that by doing the sale of the strip to you at the same closing as the sale of the house. However, I doubt any seller would want anything to do with that approach.
This is done all of the time. Skip all of the advice about going to an attorney. Way too expensive. Most LGA's (Local Government Agencies) have a lot line adjustment procedure in place. Go to your LGA's Planning or Zoning department. The typical requirements would be that you get a surveyor to map the houses so setback requirements can be verified. You file your application, with the survey, and after approval your surveyor will draw the necessary plats, write a new legal description etc. Your local title company will record the documents. HOWEVER, as stated above, a revocable or irrevocable easement from your neighbor for specified uses would be a lot simpler and more economical.
You know what - I'd be VERY uneasy about this if I were the owner who was selling, even if I had a bunch of land I barely knew what to do with. I'd stay the heck away.
Because it may complicate my sale, and because I know I'm dealing with someone who waited until the property was going to change hands to turn something to his advantage. Instead of dealing with it straightforwardly sometime before. And, sure as heck that would be the last kind of person I'd want my home sale to be possibly complicated by.
I'd say "return thyself and thy concerns back to the woodwork, and deal with it "man to man" (person to person, whatever) with my buyer later".
I know people take these moments to put up fences, etc. But actually going over to buy land because they think the neighbor doesn't care anymore? Gah. An entanglement I wouldn't want. I actually care MORE than I would otherwise - not about the land per se, but how it may become a mess when I'm trying to sell.
So that's the other guy's point of view, likely. It'd have to be a VERY sweet deal, closing completely (and titles updated, etc.) well in time before going to market for me to even consider it.
You think an attorney is expensive? If someone who, by all appearances, hasn't the first clue on how to proceed on this tries to do this himself, the money he should have spent on an attorney will look cheap. Without someone to make sure his interests are represented, he could easily wind up screwed. For example, who's gonna draw up the contract? Suppose he leaves it to the neighbor who draws up some one sided piece of crap and takes his money, with no escrow, etc? Then he'll be running to the lawyer when it's too late.
I'm always in favor of people doing whatever they feel comfortable with and have the necessary knowledge to do. But this doesn't sound like one of them for the poster.
I think it all depends on the location of the 10' you want to buy. If the neighbor has several acres and you want to buy 100 sq. feet it might be easy and doable. If he is on the typical minimum lot size most builders use it may be difficult. If you just put up fence without and he sells without notifying buyer , providing new survey etc, the buyers are likely to realize your fence is on "their" property and remove it promptly (I would). An inch or so no biggie but 10' over I'd be angry. It cant hurt to ask local authorities and an attorney but may not be worth it
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