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Answers (10)
- David Barr, "dpbarr2000"
- Contributions:280
How long has this encroachment existed? You could possibly claim the property based on adverse possession.
- noworlater1
- Contributions:6
Yes, Dan that is a potential option. I had thought of getting the seller to do so.
- noworlater1
- Contributions:6
Cash not an option. The title insurance co did not say a word when the ILR showed the more minor of the violations. The survey I requested showed the major violation. I'm using the minor/major words as an indication of potential cost to fix. Not saying you are wrong just that the title co has not indicated yet they would deny the policy. Thanks.
- Dan, "the_country_hick"
- Contributions:4699
There is one option left. If you really want to buy this house get all of the neighbors who could sue you to sign a paper saying they will allow this variance. Your lawyer should be able to draft such a document. If even one says no just walk away.
- Michael Emery, "MikeEmery"
- Contributions:7298
My guess is you would have to pay cash for the home and forgo title insurance as this would probably constitute a cloud on title and no title insurer would sell you a policy. And you can't finance a home without title insurance.
- noworlater1
- Contributions:6
Its a private covenant, nothing to do with zoning/local officials. If there was a problem it would be my prospective neighbors taking me to civil court.
- wetdawgs
- Contributions:26842
I would approach this very very carefully. In fact, it may be far bigger headache than it is worth.
- Dan, "the_country_hick"
- Contributions:4699
This is something that will be best addressed by talking to code enforcement at the town office/city hall. It is possible the house could be forced to be torn down. It is possible they would issue a variance so this would not even be an issue.
Do not buy this house until you have a definitive reply and in writing from code enforcement.
Do not buy this house until you have a definitive reply and in writing from code enforcement.
- noworlater1
- Contributions:6
It's a five year old home in a 50+ year old development. My attorney indicates there is no known period of time that would 'grandfather' me in. We believe the partial-demo scenario is fairly slim but real. It could largely depend on the judge if it got that far. The article is a good one that I have viewed before. It's a difficult situation trying to quantify the risk and turn that risk analysis into a required discount in purchase price.
- sunnyview
- Contributions:25139
Do you know how long the house has been in violation? It might be worth getting legal advice on how long these conditions have to persist in your state to become something that is fixable with a variance or other legal mechanism.
There is an article here that discusses this issue in depth that might give you some information.
There is an article here that discusses this issue in depth that might give you some information.
Should I purchase a home with a covenant setback violation?
How can I evaluate this? Factors: the likelihood of future problems (probably low), the potential cost of fixing this, the aggravation of having to fix this and the impact on resale price.
Thoughts?
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