DIYbanter - View Single Post - Want to buy 10' of neighbors yard and build a fence

Banty

In article . com,
says...

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.

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.

Banty