When I lived in Charlotte, there is a community with high 6 and 7 figure
houses. But if your neighbor sneezed, you'd catch what he had. The houses
were that close. If I pay a million dollars for a house, I'm not going to want
my neighbor living where my garage should be...
----- Original Message -----
From: Betsy Whitney
To: blindhandyman@yahoogroups.com
Sent: Friday, January 08, 2010 11:45 AM
Subject: Re: [BlindHandyMan] property dispute
Bob,
Believe it or not, my sister moved into some sort
of subdivision and her deck roof had to be less
than 10 feet from her neighbors propertyline.
These lots were so small that if she put up a
roof on her deck as big as she wanted, the
neighbor then could not put a roof on his deck.
Why would anyone want to live on top of their
neighbors? Well, it was some sort of high-priced
community. She didn't stay there long. Astonishing...
Betsy
At 06:15 AM 1/8/2010, you wrote:
>
>
>Well doctor Dan, you are exactly right. Having
>worked for a mortgage company where I removed
>liens from properties, which involved title
>searching, this will not fall under a title search.
>
>However, on the legal description of the
>mortgage is, or should be, the boundaries of the
>property. It will need to include a survey to be official.
>
>I haven't been following this thread from the
>beginning but I can tell you this about
>building. Every town has codes in place. Come
>on, it's government after all... In that list of
>codes is a set back requirement. This is the
>legal limit on how close you can build to your
>own, not your neighbor's property line.
>
>An example of the strange for you is where I
>live. A garage or out building must be at least
>eight feet from the property line unless the
>structure is on the North side of the property
>then it must be nine feet from the line. Have no
>idea what is so special about the North side,
>but this is Dixie after all and I'm sure it goes back about 145 years or
so...
>
>The only time, and I'm not a lawyer either, but
>the only time I can think of when this would be
>exempt is if the carport was built before the
>neighbor bought the property. If he had a survey
>completed and nothing was done at that time it
>could be grandfathered in. But that is a very
>gray area of real estate law and all the what
>ifs in the world won't change a thing. It has to
>be settled by attorneys to make it legal. And
>then if the carport is allowed to stand, there
>will have to be an easement recorded to show any
>future disputes it is in fact legal.
>
>Keep in mind these laws change from town to town
>and it's impossible for anyone to know what the
>law is without going to the building inspector and getting a copy of the
code.
>
>I hope this makes things perfectly unclear.
>----- Original Message -----
>From: Dan Rossi
>To: <mailto:blindhandyman%40yahoogroups.com>blindhandyman@yahoogroups.com
>Sent: Friday, January 08, 2010 9:46 AM
>Subject: RE: [BlindHandyMan] property dispute
>
>I have no legal background, so am talking out of my ass.
>
>Firstly, this does not sound like a title claim. I thought a title claim
>was to ensure that you own the home outright, with no leans or
>delinquencies against the property. I did not think the title search
>covers issues such as this.
>
>Secondly, the neighbor certainly is within his right to ask to have the
>car port removed from his property, or be compensated for the loss of his
>property, assuming the car port hasn't been there for whatever the
>specified period of squatting time is.
>
>However, if he doesn't wish to have the car port removed, or sell his part
>of the property to your daughter, I don't see why he has any claim to
>request repayment for his expenses. I think he can request until he is
>blue in the face, but not sure there is a legal ground to his request.
>
>Unfortunately, the way to find this out definitively, especially since
>there may be local considerations to take into account, is for your
>daughter to hire a lawyer. So you would have to way the difference
>between paying the neighbor, or paying a lawyer to tell you you don't have
>to pay the neighbor. Either way, sounds like the lawyers are the one's
>making the money on this deal.
>
>Sorry Cliff. *GRIN*
>
>--
>Blue skies.
>Dan Rossi
>Carnegie Mellon University.
>E-Mail: <mailto:dr25%40andrew.cmu.edu>d...@andrew.cmu.edu
>Tel: (412) 268-9081
>
>[Non-text portions of this message have been removed]
>
>
[Non-text portions of this message have been removed]
[Non-text portions of this message have been removed]
