On May 15, 7:23 am, wrote:
On May 15, 7:04 am, " wrote:

when the neighbor decides to sell it will make his home worth less
than everyone elses. because of the undersized lot

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.