Just curious about a land issue.
We live in an established 35 yr old neighborhood. We have a small yard and the neighbor has a huge side yard between us. Between our yard and hers is an easement where the main electrical is run for most of the houses behind us.
Has anyone ever heard of a city allowing someone to buy some of the lot next door?
She’s older and has no kids or need for the land. We have three kids and could really use it.
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Replies
Sounds like a zoning question. Minimum lot size and building setback issues. If there are none that apply, it is reasonable to buy part of her lot.
John
Right now, the electrical goes between our yards. Assuming I never build on the land, have you ever heard of the electrical going through someone's yard?
"have you ever heard of the electrical going through someone's yard?"
Sure. So have you. It goes through her yard now.
Mike HennessyPittsburgh, PA
Frequently. It's called a utility easement.
One way of doing it would be to determine how much you are going to add to your property.
Then all a surveyor and tell him what you're doing and he will be able to walk you through the process including the documentation you will submit to the courthouse.
This is possible, but can be a bit of a process. It would involve subdividing her lot and selling a portion of it to you, subject to the existing easement. Shouldn't be any big deal, provided setbacks and other minimums are complied with. It would probably take public notice and a zoning hearing for subdivision approval.
The real issue becomes "what's a fair price"? Having a smaller yard would probably reduce the value of her property if/when she ever decides to sell. The value of such a parcel is usually determined by how much the seller's value goes down or, conversely, how much the buyer's value increases. The latter is of particular interest if, for example, a developer of a large commercial project absolutely needs just that extra few feet to get approval for his $15MM mall. ;-) In your case tho' it looks like your two lots are pretty much mirror images and her decrease should pretty much equal your increase.
Also, you may be able to sell her on the idea if you figure out how much she could save anually on real estate taxes and yard upkeep. Living alone, etc., those might be big issues for her.
Mike Hennessy
Pittsburgh, PA
Also, you may be able to sell her on the idea if you figure out how much she could save anually on real estate taxes and yard upkeep. Living alone, etc., those might be big issues for her.
In a nutshell, I could give a chunk of cash and she could save money on her taxes and need to mow less, seems like a no-brainer for her.
The whole area is zoned residential, there's no chance of any kind of commercial in the area. Although, her lot would be a good candidate for a teardown some day. Bigger lot, older house that needs work.
Planning on staying there awhile? Good neighbor relationship? Offer to buy her house and let her live there rent free or with nominal rent until she no longer can handle the place. She gets income and a secure place to live.
Then you own both pieces and it becomes a lot line adjustment between you and you.
If she agrees to the first part then I am pretty sure you won't have any trouble convincing yourself that the lot line adjustment is a reasonable option..
They can't get your Goat if you don't tell them where it is hidden.
I suggest you trade houses and then add on to suit your needs.
Had this happen last year with a friend.
Lot was re-surveyed, it was discovered that his well head was on his neighbor's property. He ended up buying a sliver of land from the neighbor.
the electrical issue is thorny.. it depends on if there is an easement or granted right of way or is it simply grandfathered in..
It also depends on your neighbors and what your relations are with them.
This is a subject I'm extremely familar with..
It's actually a snap to do in my town, if you follow the rules and don't try to go cheap on hte process (and too many around here do just that <sigh>).
Your City/Muni/AHJ will have a procedure for this. It's likely on theor web page as well.
Generally the porcess is that you need an accurate, current property survey executed. Then, you take that information to a civil engineer or architect, who then ciphers out the restrictions and limitations the existing lot has. The "new" lot may have to meet minimum lot sizes, and it needs to have a useable area within the mandated setbacks. This will probably require some compromise to work out right (like needing to relocate a driveway or the like). The new lot size is then precisely dimensioned. That artifact is then presented to all the parties for their agreement to the new metes and bounds.
All of that is then bundled together with the needed paperwork and fees an te like and presented to the AHJ per their schedule for such things. Then Planning & Development checks that you and the wet-stamped professionals missed no "i" nor "t" in the packet. In the best case, they then approve the replat, and you are done (other than the legal paperwork selling the resultant plat to whoever it is to belong to, if needed). Now, the AHJ may come back and say, well the plat is ok, but the use is not per our master plan, please apply for a variance. If you are not a cad or scoundrel about it, variances are more a case of writing the check, and filing the forms properly (please do not do as a certaqin local does, and just go ahead with building anyway--it's not pretty at all).
It can be done, it just can take finesse; and patience in buckets.
Here in my town, the replat takes about a week or two of office time (the drafting is quick, the waiting long). Then P&D generally takes a week after submission to get through it for an answer. If the replat is ok'ed, you can start site review for new construction. If you need a variance, that adds a couple weeks.
Now, donw in Houston, it can take 3 to 6 weeks for the replat to be filed internally, which complicates the site review porcess no end (do not ask me how I know).