I’ve captivated and fascinated you guys over the years with poignant, witty, touching stories about the lovely relationship I have with my neighbor. OK, so he’s the devil incarnate and you weren’t that amused. Doesn’t change anything.
Just came back from a walk with my daughter and there’s a For Sale sign at the bottom of the shared driveway! ! ! ! ! Assuming it’s not my house he’s trying to sell, you know what that means?!?!?! It means I have to find someone else to bitch about!
No really, he’s SELLING!!! Hooray. Drink’s are on me. Must mean that two years are up since he built it, so that cap gains don’t apply.
There is one thing I gotta figure out. This spring, water washing over the edge of the shared driveway washed away a good chunk of the bank. I built a drain and a curb to prevent future runoff. But I get the feeling that he’s not now gonna do anything to fix the gash down there–it’s his property, but adjacent to the shared drive–and then whomever buys it will later want me to share the costs since it’s a shared driveway. Ideally, my ‘friend’ next door would use his backhoe and tandem to drop a load of dirt down there before he leaves and seed it. I can even donate the geogrid to help hold it in place. But he never listens to my ideas. So I need a way to motivate him to do this, probably by making him think it is his idea.
You have any ideas?
Replies
Find a realestate webpage with pointers on how to sell your house , insert the importance of how curb appeal and driveway quality add value to a home and help ensure a quick sale at top dollar. Relayout the page print it off on glossy flyer stock and drop it in his mailbox. Should be fun . ;)
...........Rik.............
find out who his real estate agent is and bring your concerns up to them .....along the lines of ....I wanna halp my neighbor sell his proprety with as few problems as possible....and I noticed this could hamper a sale if left unfinished....
or words to that effect.
BTW ...congrats! I know the feeling well .....city living, ya know ...I got one neighbor the whole neighborhood calls the "white trash neighbor" ...and on the other side....a nice little old lady (in her 80's) and her daughter (in her 60's) ...
The little old ladies just love Corey ......they're our last minute fill in babysitters...always asking for more babysitting duties....but as they accept no payment.....and as they're up in age and he's growing more the ..uh...active toddler...we do our best to not impose on them....
And ......we have a "for sale" sign near us....
Guess which neighbors are gonna move?
Ya probably guessed right ....the little old ladies are trying to sell and move into the retirement highrise.
Dammit.
On the plus side....the white trash people have provided some excitement over the years ...mainly me telling the teenage kids that I will drag them into the alley and I do have bail money to make it worth it.....
Last big adventure was finding out it was indeed my neighbor that burnt down a gas station!
His work truck was "overheating" .....as in dripping flaming liquids from the engine as he was driving down the road ....figured a good place to stop and see what that burning smell was a corner gas station......
smart enough to not pull next to the pumps ....dumb enough to pull right next to the buildingt itself!
He burnt down and entire BP gas station/snack shop!
They did get the pumps shut down and no one was hurt....
Maybe your new neighbors will give ya fun stories like that to tell at work....
"Hey guys..did ya hear about that fire on the news....."
Jeff
Buck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Quit it...you're making me miss him already.
Memories, can be beautiful and yet, what's too painful to remember, etc, etc.
smart enough to not pull next to the pumps ....dumb enough to pull right next to the buildingt itself!
That ain't funny, I spent some time working in a gas station in H.S. One day this idiot pulls in, NEXT TO the pumps with a huge cloud of smoke coming from under the hood, lifts the hood, I see flames.
I about shat myself, hit the big red button to shut pumps, got on the mic, said "Everyone away from the flaming car" then yelled something not so nice at the idiot as I tossed him the extinguisher from 10 ft away.
Never be afraid to try something new. Remember, amateurs built the ark, Professionals built the Titanic.
So I need a way to motivate him to do this, probably by making him think it is his idea.
You have any ideas?
Yes. You say: "I heard you were thinking of fixing the gash, and real soon at that". Then you point the Paslode framer at him while you pull the nosepiece back.
Oh, you wanted good ideas. Picky, ain't'cha?
I really don't see why any future owner would think you owe them money to fix soil erosion on their property. You paid to put the curb in, they can pay to fix the gash. Maybe I'm naive. Of course, if you had asked yourself "What's it worth to me to be rid of this idjit?" 2 days ago, perhaps the dollar value would be comparable to paying for half of fixing the gash? Consider it money well spent.
Congrats on the pending neighborhood upgrade,
Tim
Jim
Look at upside. You will have a new neighbor to break in.
Actually in the 23 years since I build my house I have had 2 neighbors to the south. They have both been "as good as gold".
I have had, I think, 4 to the north. Pot metal is a better discription of all of them.
But I would visit with your attorney and review whatever easement and agreement that you have with the neighbor about the driveway. They ask you attorney about how and when it best to make sure that they understand it. Otherwise I they probably won't know anything about it until the closing and then they are overwhellem.
Here was part of a message that was posted in another forum.
"
When the property adjacent to mine was in escrow about 8 months ago I advised the sellers realestate agent that the concrete driveway recently poured there was, despite appearances, encroaching about 4 feet onto my property and said something like "I'd like you to advise any buyer of that to minimize the probability of them having a different expectation and subsequent friction with me."
My wife also had a similar short conversation with her.
In short, she didn't advise the buyers of it, nor discuss our statement with the seller, and my worst expected conseqence has occurred: We're now in an acromonious relationship and negotiation with the new neighbor about that issue (and had to pay for a surveyor (who confirmed what I was saying to be correct.)
When the property adjacent to mine was in escrow about 8 months ago I advised the sellers realestate agent that the concrete driveway recently poured there was, despite appearances, encroaching about 4 feet onto my property and said something like "I'd like you to advise any buyer of that to minimize the probability of them having a different expectation and subsequent friction with me."
My wife also had a similar short conversation with her.
In short, she didn't advise the buyers of it, nor discuss our statement with the seller, and my worst expected conseqence has occurred: We're now in an acromonious relationship and negotiation with the new neighbor about that issue (and had to pay for a surveyor (who confirmed what I was saying to be correct.)"
realtors are now into disclosure about "problems"
sounds like the drive is a problem that should be listed.
That disclosure stuff is interesting. It's his property and I have a right-of-way for the drive, and expenses for that and the adjacent 20' are 50/50. I built half the drive, and he built the other half. I tend to do a little bit of maintenance (grass clipping and snow removal) and him none. I fixed the water problem and figure he'll let the gash go and the new HO will look at the deed, see the gash is within 20' of the drive, and want me to follow the 50/50. Or maybe not. Just trying to see all sides.
On the other hand, me going to his realtor and reporting something feels like asking for trouble...like I'm trying to queer the sale. Trust me, I want him to leave (though "the devil you know" comes to mind). Interesting approach. I'll think about this.
One thing that'll be interesting is that the part of the drive he poured has some cracks in it--all the way across. My part still looks perfect. I'm definitely gonna make it clear to the new people that they inherit his part and I watch mine. Damned if I'm gonna take responsibility for his mess. Of course, I'll say it over a beer in a nice way.
Reminds me of a friend who lived at the end of a private road.
The real estate sales people kept telling buyers that since my friend lived at the end of the road, he would keep it plowed in the winter and the new buyers below him wouldn't need to worry about plowing.
My friend made a point of telling anyone interested in buying that he didn't plow the road and used a snowmobile. And that it would make the road impassable in winter.
It took the real estate people a while to catch on why the property wasn't selling.
Jeff
that's your idea of a white trash neighbor? we had one in denver for seven years that the complaint letter to the city and her conservators ("mental deficiencies") ran 23 pages long!
oh, and congrats to cloud- you said that a-hole's 2 yrs were about up.
m
Do you mean that your drive crosses his property? If so, I think the proper term is "easement". My understanding is that a right-of-way is usually a strip of property owned for access by the person who uses it. An easement is a "right to cross" someone else's property for access, utilities, or whatever is specified by the documents that created the easement. Perhaps state laws vary, but that's part of the "general" knowledge taught to those foolish enough to want to become real estate brokers.Any jackass can kick down a barn, but it takes a carpenter to build one.
Yes, of course you're right that it's an easement. I just couldn't come up with the term at the time. Hit my head against the wall a few times, and still couldn't think of it. Gotta remember than I have concrete walls before I do that again.
if you advise the realtor in writing about this item, it is required disclosure and the realtor can be held accountable over it.
NOTE:
IN WRITING.
Excellence is its own reward!
Yes, IN WRITING, but to be sure, you might want to go another step or two:
Send it via USPS "return receipt requested" and, if you think it could blow up on you, take the letter and the signed receipt to the County Clerk and Recorder's Office and record it (shouldn't cost more than a few $). If you just mail it, anyone could claim they didn't get it. If they refuse to sign for the letter, hand it to them with a witness and then go record it.
I hate to have to say it, but I quit all levels of the Realtor associations because I believe it's hypocritical hogwash. The association advertises it's code of ethics, but it seems to be hit or miss whether any particular broker will act accordingly. The National Association of Realtors gets big bucks from all members and spends most of it advertising itself on TV and most of the rest on "administration".
Fortunately, I live in a small town where the local rumor mill is much more effective than any membership in any organization.Any jackass can kick down a barn, but it takes a carpenter to build one.
What has to be disclosed can be tricky. In the case that I posted the problem was "hidden". The person that posted the message, the neighbor, was upset and thought that the agent had a duty to her. But she was quickly set straight on that, but she them contacted the state licencing office and they where very interested the conduct of the agent.
I think, that in general, the seller does not need to disclose things that are open and obvisious. For example, peeling paint. Only "defects that you know, but are hidden.
In general I think that things like Jim's easment would be open and clear as it is recorded in public documents.
But I read some information on disclosure in CA and they had requirments for things like hight tax districts and noisy neighbors. I don't know if that was CYA suggestion or actual requirements.
In Colorado, the State provides a form called "Seller's Property Disclosure". But, IT IS NOT REQUIRED! I've run into brokers who say it's required, but in fact the part of the Colorado Buy/Sell Contract that refers to the seller's disclosure can be crossed out and no disclosure given. Usually that happens when the seller knows next to nothing about the property (such as when they live in another state and the property is unimproved land) or if it is a commercial property (the buyer is then expected to perform a higher degree of due diligence). If a seller of a home chooses not to provide a disclosure it makes it hard to sell the property!
The broker's responsibility is different. The broker is not expected to know as much about the property as the seller, but what they do know MUST be disclosed in most circumstances.
Edit: To my recollection, our disclosure form doesn't make mention of whether the defect is hidden.
Any jackass can kick down a barn, but it takes a carpenter to build one.
Edited 8/23/2003 4:23:13 PM ET by Hasbeen
My point about disclosure was that it is KNOWN defects that must be disclosed. It's easy to "forget" or to not know something that a nosy neighbor has told you. When a person can demonstrate that the realtor did have knowledge of a problem and did not disclose the fact, his activity is borderline fraud.
Now that we've started discussing realtors on the border of integrity, I wonder how long until Tim Mooney has a contribution? He's had a run-in or two.
Excellence is its own reward!
Ahh "White Trash" neighbors everyones got to have at least one. Mines been pretty well behaved ever since her boyfriend got thrown in jail for laying out her brother the cop in her front yard. The plus side is the boyfriend did the right thing, the brother was a real jerk. The down side is she's gotten about a dozen b.s. tickets from her brother since then. Including five at one stop.
Who Dares Wins.
Cloud,
I hear that the Osbournes are looking to move to N.C.!!!
Mr T
Do not try this at home!
I am an Experienced Professional!
Might be related to a neighbor on the other side with the same name....eeek. Actually, never saw the show, so my impression of him is stuck back in time when he bit the heads off chickens.
Shared driveway huh? Yeh, me too.
My neighbor wants "me" to move my side of the driveway down about fifteen feet away from their house cept I own 3/4 of it. I almost wouldn't mind but it'd bring me opposite another road that is on a steep hill.....hence cars in the winter sliding down into my kid waiting for the school bus so forget that, plus who needs an added expense.
She claimed that it'd make the resale value better to have separate driveways.
She's tried to convince me every possible way other than pay me off.
I think when someone has something in their head its hard to change them.
The only thing I could suggest is to have the real estate agent tell them it'd be good for resale......in your case its almost a saftey issue, or will become one.
Last resort is pray that the new buyers see it more rationally than this low life next door to you now.
Good luck bro.
Be grrrrrrrr
andy
In his first interview since the stroke, Ram Dass, 66, spoke with great difficulty about how his brush with death has changed his ideas about aging, and how the recent loss of two old friends, Timothy Leary and Allen Ginsberg, has convinced him that now, more than ever, is the time to ``Be Here Now.''
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