Getting to closing can't just be easy can it?

10 years ago

We're suppose to be closing Friday at 4pm on approx 5 acres. TVLB didn't require us to get a new survey but we did anyways because there is a two stall horse shed on the property but the big question was if it was on our side of the property or the other side.

We get the survey back today and find out that the stall is build right on top of the property line. Well 5'-6" of a corner is on our side of the property. The realtor called us to let us know and to discuss the problem.

Things we discussed are:
1. allow an easement to the other property so they can use the stall on our side but if and when the stalls come down they can not replace it on our property. That easement will revert back to us. (I don't like this idea at all)

2. Have the owner of the land remove the corner from our side of the property. Only problem is the owner is hard up on money and won't be able to get it done until after closing. The realtor said he would write of a contract giving the owner 30 days to get that part of the stall removed.

3. Have the city re- subdivide the two plats that would give us the land that the stall is located on. This could take up to six months and be very costly.

4. We then offered to take down the stalls and moved it to our property. This way the seller wouldn't be out any money and we get the stalls. kind of a win/win for us but lots of hard work.

I just don't know how this is going to effect our closing date. The realtor said the title company will have to notify our lender of the problem and see what they say.

I'm just bummed, I guess. What would you do? Is there any better ideas anyone can offer? I just wanna close on this land Friday. Any advice is welcome.

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Comments (4)

jakabedy
10 years ago
So, this was one large parcel that was only recently subdivided for this sale? Are the stalls being used? Also, is this something with a foundation? Or is it really just panels with some cover? Because if it doesn't have a foundation/is easily movable, then maybe it's not as problematic as you think. Maybe for closing purposes it can be treated more like a hot tub than an outbuilding (personal property vs. real property).

If the neighbor doesn't care about the stalls, and the parties can come to an equitable agreement, I think the easiest route would be (4): for you and the neighbor to come to a deal that has the entire structure becoming yours, and that you will move it within X amount of time. That way there is nothing left for the neighbor to do, and you're not "waiting" on something that is outside your control, with the potential of a deadline not being met and additional neighbor drama.
tikilyn
Original Author
10 years ago
We heard back from the realtor this morning. The owner has agreed to let us have the stalls and gave us 60 days to move it to our property. We are going to go ahead with closing tomorrow.

The city sub-divided the land into "country lots" several years ago . The owner of the land owned several lots and is now selling them off do to divorce. Our lot had someone else living on it and we get to clean up their mess and we think they may have built the stalls on the property line but who knows really. There is no one living on the lot next door to us and that's probably a good thing.

So next step is to gather some friends and have a beer and bbq barn moving party! Thanks a bunch
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jakabedy
10 years ago
I love a happy ending! Enjoy your barn-moving party.
tikilyn
Original Author
10 years ago
Everything went great today! We got to closing. Found out from realtor that the seller of our land has a contact on the land that the barn sits on. So looks like we'll have neighbors.

Thanks everyone!