 Dear George: My property has a zero lot line, and my garden runs next to my neighbor's house. My neighbor demands that I cut back all growth that touches her house, and she often enters my back yard through a closed and latched gate without my permission. She insists that she has the right to come onto my property to inspect her house. Do I have to allow this? Do I have to keep plant growth from touching her house?
Answer: Generally, a property owner may not trespass on to another's tract, unless there is an easement right granted in the restrictions. However, plants cannot grow on to another's tract; that, too, is a form of trespass. Keep your plants trimmed. Your property may be subject to deed restrictions or covenants, conditions, and restrictions. Your deed will specify any restrictions to your property. If you do not have a copy of the deed to your property, contact the county clerk's office. Deed restrictions are private covenants, and neighborhood and homeowners associations can enforce them through the court system.
Dear George: Our house has been on the market for almost a year with a REALTOR®, who performed a comparitive market analysis to price our home. We think it's not selling because our subdivision requires at least 5 acres to keep horses. We have 3.5 acres. Nearly every potential buyer has wanted to have horses on the property. Can we get the deed restriction for horses lifted on our house?
Answer: In order for a deed restriction to be amended, you have to convene an owners meeting and have them approve the change—the deed restriction will state the percentage of votes in favor for any amendment. That can be a time-consuming and risky process. Before you do that, call your homeowners association and ask its president or legal counsel why the size limit exists.
Otherwise, it would appear that you are doing all the right things to sell your house. You listed it with a REALTOR® and hopefully followed his recommendations regarding your asking price. If a home is priced properly to achieve a sale under normal market conditions, there are usually two reasons it can remain unsold for as long as your home has: exposure and accessibility. Exposure has to do with letting people know it's for sale through the MLS, open houses, and advertising and marketing; talk to your REALTOR® about his efforts in these areas. Accessibility has to do with any restrictions you place regarding showing the property to prospective buyers. For example, if you prohibit showings on the weekend or in the evenings, you will likely drive away potential buyers who work normal business hours. Make sure you are setting up youself for success by placing few obstacles to those buyers who want to schedule a time to see your home.
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Dear George: There is a property located behind homes in our neighborhood that is currently residential but is being sold as commercial. Are there any restrictions on doing this? Can we protest or delay the sale?
Answer: Call a title company with the name or address of the subject residential property. What you want are the deed restrictions applicable to that property. If it is indeed restricted for use as a residential property, in order to sell it for commercial use the owners would have to obtain the required number of votes to change the use of the subdivision. In that event, while you can attend the meeting, you cannot vote unless you also own property in that subdivision. If it has already been voted on and approved for commercial use or its current use is unrestricted as far as residential or commercial, there probably is nothing you can do.
Dear George: I formed a limited partnership company in October 2006 to purchase 50% interest of a 20-unit condominium property. The seller kept the other 50% interest, and I agreed to pay the seller's contractor to repair the units with the seller responsible for other expenses, including two mortgage payments. Right after I bought my interest, I lent the seller $40,000 with a promissory note that was due on April 3, 2007. I have not received any payment on the note. Can I put a lien on the 20 condos? Also, I borrowed $300,000 from a friend to pay the contractor because the seller defaulted on all the payables. A few days ago, I found that the seller signed a contract on April 18, 2007, to sell one of the condos without my signature. What can I do to protect myself in this situation?
Answer: It looks like you didn't use a licensed professional like a real estate broker or attorney to assist you when you purchased the property. This seller appears to have not paid any attention to your limited partnership agreement. Hire an attorney as soon as possible to represent your interests.
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