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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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For those of you that have purchased a home...
DH and I are currently in contract with my our first home and we are flying blind. On Friday our attorney e-mailed us asking if we were aware of a 40 foot setback on the property. Of course, we weren't. We're really concerned about this because its a corner property and we want to extend the fence out to make a bigger back yard. If the setback affects this portion of the property- it will no longer work for us and they already cashed our deposit check. We were told that they are waiting on a survey and that they didn't have any additional details.
Fast forward to today. I get another email from my attorney:
A- "The title company tried but cannot locate a survey for the property.
In order for you to get full title insurance we strongly recommend that you get a new survey, the cost of which is $650. Can we go ahead and tell title company to proceed?"
Me- Quite frankly Agent said she was requesting a survey and I find it hard to believe that the sellers didn't know about a property line issue. I feel like this should be their responsibility. They need to prove to us where the lines are.
A- It doesn't work that way. The property line issue is not the only reason you need it- you need it to be fully insured so please let me know if its yes or no. It takes a few weeks. If you go without it, you will need to sign a waiver assuming the risks. Thanks
Am I crazy for being furious about this? I've spoken to several people at work and they agree that because of the issue with the property it should be the sellers responsibility to have it done. Additionally- why am I finding out now, AFTER there is a problem that this needs to be done? Shouldn't I have been told that I needed a survey before?
If you made it this far, thank you. I know this was long and ranty- I just need to know if I'm out of line here...
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Posted 3/21/17 1:14 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
MrsO
Big Brothers to Be
Member since 1/07 4521 total posts
Name:
Maureen
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Re: For those of you that have purchased a home...
I think you need a survey regardless if you have an issue or not.
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| Posted 3/21/17 1:17 PM |
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FranB
LIF Adolescent
Member since 9/06 686 total posts
Name:
Fran
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Re: For those of you that have purchased a home...
Double check the Zoning Code in the Town you are purchasing the home. Make a call to the building department if necessary.
You are calling the setbacks a property line issue that they were aware of. Its a Zoning code. It may not be an issue for them, but may be for you. I mean issue in the sense that they may not care about the size of the rear/front side yard where that may be an issue for you guys.
Its a risk when you look at a corner lot. Zoning is different every where.
You can also get a variance for fences as long as you are not obstructing the view of a neighbor pulling out of a driveway or blocking visibility at a stop sign.
Doesn't have to be deal breaker
Good Luck
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| Posted 3/21/17 1:26 PM |
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Pomegranate5
LIF Adult
Member since 2/11 4798 total posts
Name:
Pomegranate5
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Re: For those of you that have purchased a home...
I'm sorry but you're wrong. The buyer is responsible for the new survey, regardless of property line issues.
And also, I don't know exactly what you mean by a 40' setback. Like, the zoning district requires this setback, or there is an easement/ROW of some sort? Unfortunately, these are the types of things that are your responsibility to verify before you sign the contract, and I'm not sure you will be able to back out so easily. But I really hope it works out for you guys. The whole buying process can be so stressful!!
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| Posted 3/21/17 1:30 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Posted by Pomegranate5
I'm sorry but you're wrong. The buyer is responsible for the new survey, regardless of property line issues.
And also, I don't know exactly what you mean by a 40' setback. Like, the zoning district requires this setback, or there is an easement/ROW of some sort? Unfortunately, these are the types of things that are your responsibility to verify before you sign the contract, and I'm not sure you will be able to back out so easily. But I really hope it works out for you guys. The whole buying process can be so stressful!!
Someone at some point said that it wasnt created by an easement. I just wish someone would have said something about this PRIOR to it being an issue... and as first time buyers, I would have hoped that it would have been made more clear that this could be an issue... 
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| Posted 3/21/17 1:33 PM |
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chilltocam
LIF Adult
Member since 11/11 9141 total posts
Name:
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For those of you that have purchased a home...
Getting a new survey is a normal part of the buying process. Sometimes there is an existing one that can be used, but if not, the buyer must get one.
I'm not sure what you mean by the 40' setback
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| Posted 3/21/17 1:34 PM |
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SecretlyTTC14
LIF Adult
Member since 12/13 1770 total posts
Name:
B
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Re: For those of you that have purchased a home...
I'm not sure technically who would be responsible for that but I just wanted to say, that seems expensive for a survey. I paid for a new survey of my property before I had fence put up and it didn't cost me that much money. I think it was about $400 at the most. If it was over $500, I would have told the fence company to just put the fence where the existing one was. IDK, maybe prices went up a lot over the past few years, but that just seems expensive to me.
In the grand scheme of things, it's really not a lot of money. I think assuming the risks and signing the waiver could be a mistake in the long run.
I'm not sure if you know this already, but I found out after I bought a corner house. In some towns, you can't extend the fence of a corner house without a variance and permits from the town (and some towns won't approve them no matter how hard you fight them). So, I never got the bigger back yard I was hoping for. I have a huge piece of property and it's all in the front. I wish someone had told me before buying.
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| Posted 3/21/17 1:34 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Posted by chilltocam
Getting a new survey is a normal part of the buying process. Sometimes there is an existing one that can be used, but if not, the buyer must get one.
I'm not sure what you mean by the 40' setback
They said there is 40' of property that we can't build on. Or at least that's what I was told when I asked..
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| Posted 3/21/17 1:38 PM |
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pumpkinmom
LIF Adult
Member since 5/12 2911 total posts
Name:
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For those of you that have purchased a home...
The set back is one of the reasons I don't usually look at corner houses. Some places, you might be able to get a variance, but a lot of places you won't be able to put the fence as far out as you'd like. Do other corner houses in the area have fences as you would like them? If not, it probably can't be done. If it's a deal breaker for you, I would definitely check with the town.
Message edited 3/21/2017 1:43:20 PM.
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| Posted 3/21/17 1:41 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Would I just call Brookhaven Town Hall and ask if I'm able to extend a fence? This is quickly becoming a total nightmare... If we can't extend and no longer want the property, are we out all of our money??? Nobody told us any of this! 
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| Posted 3/21/17 1:44 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19454 total posts
Name:
L
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Re: For those of you that have purchased a home...
A survey is always on the buyer. Title insurance is exceptionally important. Do not be penny wise and pound foolish. It is there in case there are legal issues in the future that no one is aware of today. This is not something to fool around with. If the set back is so upsetting, walk. Of course the deposit was cashed, but that should only be a thousand dollars, which when buying a home, is not a lot of money in the scheme of things.
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| Posted 3/21/17 1:45 PM |
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lightblue
LIF Adult
Member since 1/17 2249 total posts
Name:
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Re: For those of you that have purchased a home...
I wanted to add that my neighbor applied for a variance to extend his fence- he is on a double corner (has streets on both sides of him) and had no backyard. The town granted him a variance and he was able to extend his fence on both sides of his property.
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| Posted 3/21/17 1:47 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Posted by LSP2005
A survey is always on the buyer. Title insurance is exceptionally important. Do not be penny wise and pound foolish. It is there in case there are legal issues in the future that no one is aware of today. This is not something to fool around with. If the set back is so upsetting, walk. Of course the deposit was cashed, but that should only be a thousand dollars, which when buying a home, is not a lot of money in the scheme of things.
It was 3.5%. almost 10k...
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| Posted 3/21/17 1:48 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19454 total posts
Name:
L
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Re: For those of you that have purchased a home...
Was that with your initial offer? I would talk to your attorney to see if you can back out and have the Ernest money returned. Also, it should be in an attorney escrow account, not the seller. Talk to your attorney. You will end up having to pay the attorney, hopefully you can get out of the contract.
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| Posted 3/21/17 1:51 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Posted by LSP2005
Was that with your initial offer? I would talk to your attorney to see if you can back out and have the Ernest money returned. Also, it should be in an attorney escrow account, not the seller. Talk to your attorney. You will end up having to pay the attorney, hopefully you can get out of the contract.
We paid the deposit when we signed the contract... I just don't know what to do anymore...
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| Posted 3/21/17 1:57 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: For those of you that have purchased a home...
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
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| Posted 3/21/17 2:00 PM |
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angelicd77
LIF Adolescent
Member since 12/13 794 total posts
Name:
Kim
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Re: For those of you that have purchased a home...
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
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| Posted 3/21/17 2:04 PM |
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PhyllisNJoe
My Box Is Broken
Member since 6/11 9145 total posts
Name:
Phyllis
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Re: For those of you that have purchased a home...
This sounds horrible!! And your RE attorney isn't making it easy on you at all. Read the contract you signed when you gave deposit. Does it say, in so many words, "you're shit outta luck with your deposit " or is there any wording that says if x,y,z doesn't work for you, you get deposit back?
I think you need to call or go see your attorney in person and demand a full explanation. emails and texts don't work. If they are still giving you replies you do not understand, you may need a new attorney.
If you LOVE the house and would hate to lose it, it's worth the $650 (shop that around if you can. It seems high) to see if the property line is what you hoped. If it's not, I hope you can get out of it. Check that contract !
Best of luck. Sucks that your first home purchase is making you upset. It's definitely a stressful time, but shouldn't make you feel like this. Totally ruins it. And your attorney is being an ass
Message edited 3/21/2017 2:12:33 PM.
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| Posted 3/21/17 2:12 PM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
I actually don't find it that hard to believe that they didn't know especially if neither they, nor their neighbors, were using that land.
They *might* be willing to let you out of the contract and refund your money in escrow, but if they say no and you want to walk, then you do lose your deposit.
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| Posted 3/21/17 2:15 PM |
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Aries14
Can't plan life...
Member since 8/08 2860 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
But it might not be a property line "issue". Not being able to extend a fence or build within a certain amount of feet on a corner lot is a pretty standard thing. I don't think its on the sellers to tell you that. Maybe I am not understanding the whole situation but it doesn't sound like anyone mislead you - you just didn't know about the rules with corner lots
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| Posted 3/21/17 2:18 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
How long ago did THEY buy the house? Wouldn't this have come up when they purchased it as well?
Because wouldn't they have needed to also do a survey at the time of purchase?
ETS: Being a 1st time buyer it's a shame someone didn't explain the 40' more clearly to you. It's nots something YOU would know. It sucks..and I'd be pissed. My responsibility or not. Since I wouldn't know it was my responsibility as a 1st time buyer.
Message edited 3/21/2017 2:25:21 PM.
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| Posted 3/21/17 2:22 PM |
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For those of you that have purchased a home...
It's your job to do the due diligence before signing the contract. If you only wanted this house if you're able to do x, y, and z to it, then you needed to call the town or hire an architect to make sure that you would be able to do those things.
In general, the seller is not under any obligation to disclose anything to you. That's why you get a home inspection, get a survey, and your title company researches the property.
As others have said, the set back is not a property line issue, and it doesn't change the piece of property that you're buying. It's a zoning issue. Your contract probably states that you're agreeing to take the property subject to the zoning laws. Again, it was your responsibility to look into those laws if that was important to you. I know most people don't check the zoning laws before they buy property, but it is important if there is something specific they want to do that would make or break the deal.
Look into the zoning laws in the town, and if you really want to get out of the contract, talk to your attorney.
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| Posted 3/21/17 2:23 PM |
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FirstMate
My lil cowboy
Member since 10/10 7790 total posts
Name:
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Re: For those of you that have purchased a home...
Posted by angelicd77
Would I just call Brookhaven Town Hall and ask if I'm able to extend a fence? This is quickly becoming a total nightmare... If we can't extend and no longer want the property, are we out all of our money??? Nobody told us any of this!
If you made an offer on the house based on misrepresentation, then you should be able to get your money back. The lawyers should work it out. I would if you were my client. But, just FYI, the buyer is responsible for the survey.
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| Posted 3/21/17 2:23 PM |
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GoldenRod
10 years on LIF!
Member since 11/06 26792 total posts
Name:
Shawn
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Re: For those of you that have purchased a home...
Posted by NYCGirl80
Posted by angelicd77
Posted by NYCGirl80
Are you really willing to walk away from a house over $650?
If you don't have the title, you will likely have a problem at closing - if your mortgage company even lets you get that far. You also may have problems with your insurance company without a current survey.
Houses come with many, many, many unexpected expenses. Welcome to homeownership!
Its not the $650 that's the problem. Its the fact that if it affects the side of the yard that we wanted to extend, we signed the contract under false pretenses. If there is a property line issue, I find it hard to believe they didn't know about it and failed to disclose it.
I actually don't find it that hard to believe that they didn't know especially if neither they, nor their neighbors, were using that land.
They *might* be willing to let you out of the contract and refund your money in escrow, but if they say no and you want to walk, then you do lose your deposit.
ITA. You often don't realize property rules until you try to do something. If the current owners never put a fence up, and never even looked into it, they may honestly not know about the fence setback.
I didn't know about property setbacks and house heights until I put an addition on my house, and found out that my existing house was technically too far back, and too tall, and I needed a variance to have an addition with the exact same existing height and setback of the house.
I honestly don't know what the rules are for front yard fences in my neighborhood. Almost nobody has them, so I don't know if I can have a fence in the front, how tall it can be, or how far from the road it has to be. If I sell my house, I won't be able to tell the new buyers if they can or can't put a front fence up. It's not that I'm selling under false pretense, it's just that those rules didn't apply to me, so I don't know about them.
Gotta love property rules.... 
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| Posted 3/21/17 2:25 PM |
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Paramount
Sweet!
Member since 7/12 4287 total posts
Name:
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Re: For those of you that have purchased a home...
With no expertise other than buying my own home:
YOU need to get a survey regardless of any done previously. Things could have changed. The "old" survey could have had problems.
Especially wiith the property line issue you need to get it.
ALso, you should have been warned that the inspection and survey are standard and you should have budgeted.
AND, I would not trust a survey done by the owners, frankly, at this point.
Lets be clear. I don't know what a 40 foot setback is, but it sounds like you have to be 40 feet away from the property line. Because of that I would pulll out of the deal and not put another dollar into it.
There are legit reasons to get your deposit back and your attorney can fill you in on what those are.
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| Posted 3/21/17 2:32 PM |
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