I was out at my spec house painting last night when there was a knock on the door. Turned out to be the head of the homeowner’s association for the subdivision I built in, wanting me to sign a petition. Obviously I asked him what the petition was for adn he said it was to try to prevent someone from building an apartment complex out there.
It slowly soaked in that he was talking about the lot just across the street from my spec house. So naturally I signed the petition.
But what now? I doubt the guy who owns the lot is going to care about a petition. Since there’s no zoning in town I can’t count on any help from the city.
So – Anyone run into a situation like this? Any suggestions?
I thought about a lawsuit. But I don’t really have the bucks to finance one, and I’m not sure if there are any legitimate grounds to use for legal action anyway. And I definitely don’t have the bucks to out-bid the guy and buy the lot myself.
Replies
Sell the house rather quickly is what Im thinking. The way you talk, nothing has been started yet. Its always a danger and a lure to buy property out of an addition with out a covenant. Nearly every thing looks better except your obvious; what will they build ajoining me?????????????? People think about this before they invest their money here. Thats one reason the lots in town bring the big bucks. Could be one of your problems with selling your spec house. Or is this across the street from the addition ? Thats always a risk also. Every nice addition I can think of could be damaged by property ajoining it, if it wasnt for the planning and zoning.
Sell fast , cry later,
Tim Mooney
Tim -
Been trying to sell the house for almost a year. So "sell quickly" isn't really in the game plan.
Besides - I would never sell it to someone who didn't know about it - I have a concience.
Buy the lot.
Boss,
You said this is in an area with no zoning. Building a spec is risky...building a spec in an area with no zoning is really risky.
Do you at least have restrictive covenants in this development? A planning commission in your town? Anyone connected you can take your concerns to?
LUVMUSKOKA -
There are restrictive covenants in the subdivision I built in. But the lot with the proposed apartment building is across the street. The same guy owns it that owns the subdivision, but this particular lot was never included in the restrictive covenant. I overlooked that point when I bought the lot.
This is in a small rural town - Zoning has been voted down at least twice before. No planning commission, building permits, or anything. The town is a hodgepodge of old trailers, upscale homes, small houses with 40X60 pole barns for garages, and just about anything else you could imagine. All right next door to each other.
Boss, thats just my kind of place. Used to be that way here. Now we are trying to catch california. I used to do every thing to a house, now they wont let me. I did get a builders license, but I was used to doing a lot more. I dream about the old days when the next job came up we did it . period. Two or three people did every thing from working in the ditch to laying floors . mechanical also. Those were the days !!!!
Still pretty good coon huntin though.
I hope you work something out.
Tim Mooney
Id move .
problem here is building near ANY vacant land.
Don't ever do that
Boss
You said you can't buy the lot is there a chance the current home owners of the sub could collectivly buy it or a few of you that are the most impacted. It is not perfect I have a friend that tried to do such when they got word a house on their street was going to become a rental. But the owner has to be willing to sell. You can appeal to everyone's this is going to affect your properties value toom sort of thing. Is their a laywer in the Sub?
WALLY O
Just another thought at any time in purchasing the lot did you ask a real estate agent what is going to happen across the street? Because it sounds like the owner of the lot and Sub did not come up with this apartment complex over night.
Point being their may be legal grounds here if you asked the question and were lied to or if anyone else were lied to. The solution maybe to split the cost of the lawyer among the home owners for a few hours of lawyer time and to have a good old sit down with the Broker/s of the Real Estate Agencies involved and have the lawyer tell them how much trouble they are going to be in, that this withholding of info. affected the purchase price of the land and the owners effected want compensation. There is always more then one deep pocket as owner of the Sub and this other parcel the developer also has some fincial responsibialty. He was marketing land at an inflated value. A laywer may take this on contingency.
Edited 4/1/2003 1:57:23 PM ET by wally
Guys -
Not really sure why this re-surfaced all the sudden, but this thread is over a year old.
The initial deal to build apartments on the property fell through. No one currently has any plans for the property that I know of.
I appreciate the suggestions, anyway.Getting married for sex is like buying a 747 for the free peanuts. [Jeff Foxworthy]
Did you sell the spec. house yet?Tamara
No - Unfortunately it's still hanging around our neck. But it's listed with a new realtor this spring, so we're very hopeful.
Thanks fer asking...........It may be that your sole purpose in life is simply to serve as a warning to others.
This isn't a bad idea, opening up old threads. We could open up old threads from back when everyone wasn't so tense.
Was there such a time? ;-)
Does anyone thing that April First may have had anything to do with this?
did u say dense ?Mike Smith Rhode Island : Design / Build / Repair / Restore
The one that can't spell is that other pain in the arse. ;-)
Boss,
I thought you had it rented out to some guy. Did he leave or something or didn't it ever happen? DanT
The house was rented last summer to a family who thought they might be interested in buying it. Back in March I told them if they didn't want to buy it I was going to put it on the market.
They don't want to commit to buying, so now it's listed with a realtor.Humpty Dumpty was pushed.
I thought you had rented it .
Tim Mooney
The Homeowner ####. might not even have its "jurisdiction" on the proposed lot. If they dont have "control" over the lot in question theyre just barking. Without planning and zoning ordinances nothing can really be done but buy the lot.
The only other plan i could suggest would be check your state Dept of Natural Resources, EPA and make sure the appts would follow by state regulations of proper stormwater runoff/retention ponds.
Your town might have an engineering dept, check to make sure the sewer can handle the appts.
Those two routes would just let him incur more expenses, they might be enough to make less profitable. This might slow him down enough until you sell.
If you can convince the engineers that stormwater problems could hinder/harm the adjacent owners they might deny the permit until such problems are addressed.
Thats about all you really can do. Since its his property and there is no zoning youre kinda SOL.