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Neighbors house too close to property per deed

3,927 Views | 19 Replies | Last: 2 yr ago by Tex_Ag_2017
JH06
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Looking for some advice... I have been looking to add on to my house and while reading our deed restrictions found out you have to be 20' off the side and rear property lines. This threw up a red flag because my neighbors addition on their house is only about 8' from the property line. The addition was added probably 10+ years ago long before either of us lived here.

They are amazing neighbors and have become very close friends, but I am a little worried about what happens if one of us decides to sell. We both moved in 4-5 years ago and this wasnt pointed out on the survey or anything at that time.

Is there anything I should do to address this to make sure I am protected if either of us decide to move and it becomes an issue then?
Martin Q. Blank
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Why would it be an issue for you?
one MEEN Ag
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AG
If its 10 years old, it sounds more reasonable that the deed restriction is going to get nullified as it isn't being actively enforced.
evestor1
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There is very little than can be done about neighbors add-on at this point.

As for you...there are a lot of potential issues. Tread lightly. Even if you get away with adding anything inside of the setback...it could be a survey issue later.
JH06
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I just worry when I try to sell it becomes some sort of issue being they are so close to the property, or when they sell someone says it is an issue. I dont know, thats why I am asking.
JH06
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Crazy thing is our HOA is very strict and always has a few legal battles pending because they take people to court regularly. Amazed nobody has noticed honestly. I have a feeling it is because my house sits so far off the property line on that side its hard to tell where it actually is.
Sea Speed
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AG
Be prepared to lose a friend if you so much as bring one set of eyeballs worth of attention to the issue on his property.
MAS444
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AG
Not your problem at all.
OilAg01
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AG
You'll be fine. They may run into an issue on resale, but you are fine and the buyer of your place probably won't notice.
bloom
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Can you check to see if the home's previous owner applied for and received a variance?
Red Pear Realty
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Sponsor
AG
one MEEN Ag said:

If its 10 years old, it sounds more reasonable that the deed restriction is going to get nullified as it isn't being actively enforced.


This.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
gig em 02
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JH06 said:

Crazy thing is our HOA is very strict and always has a few legal battles pending because they take people to court regularly. Amazed nobody has noticed honestly. I have a feeling it is because my house sits so far off the property line on that side its hard to tell where it actually is.


How old is the restriction? Good luck enforcing a new restriction on an old property
SteveBott
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AG
You need to find something else to worry about. Because this ain't one of them. His house is his problem
Kenneth_2003
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AG
Stay in your lane...

Neighbors property, neighbors business. Not yours.
aggie2812-2
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AG
Do not bring this up with them. It's not your problem and most likely they will be fine.
Rustys-Beef-o-Reeno
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AG
Agree with the above
Remember snitches get stitches
txaggie_08
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AG
bloom said:

Can you check to see if the home's previous owner applied for and received a variance?

Don't do this. Not your business, and you'd bring HOA eyeballs to your neighbor. Let it be, it isn't your problem and would never affect you in resale.
The Collective
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AG
Are you wanting to violate the setback as well in your addition?
Gilligan
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AG
The previous owners may have gone through the effort to get a variance.
hunterjr81
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As a land surveyor, you have nothing to worry about as the neighbors addition is not on your property. I have also seen numerous instances where variances were granted allowing buildings crossing into a setback line. Usually it happened after the encroachment was discovered. I have certified many surveys showing a house, garage or shed over a building line setback although most were pretty minimal.

Since you plan to add, you did well in reading about the restrictions and setback lines as this will keep you out of trouble.

Many subdivision plats do not show the building setback lines along the side and rear of the property lines. They are just written out in the deed restrictions.
Tex_Ag_2017
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AG
Cities can grant property owners the right to break certain deed restrictions or city ordinances on property development. You may be able to find online that they've been allowed to do something. Cities usually grant these for porches with a roof or on lots that have an odd shape that makes a home hard to fit on. Sometimes, if they did the work without the city knowing, they could be required to take it down if an inspector is out driving around and sees it.
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