Possible to buy land from neighbor to extend yard (Avery: real estate, power lines) - Austin - Texas (TX) - City-Data Forum

kool_breeze · 03-30-2010, 04:53 PM

I am wondering whether any one has experience with buying part of a neighbor's land to extend one's own backyard. We have a house in Avery Ranch (in Williams County) with a yard that is not very deep. I would love to buy a portion of my back neighbor to extend our own yard. The yard's size is about the only thing we don't like about our house, but it's significant enough to probably make us move in the near future. My back neighbor has a deeper than typical backyard. It's all in my head at the moment, but I am guessing he would not miss the extra space, and even just a little bit of extra depth (say 6 feet) would really help us.

Before, I approach my neighbor about this, I wanted to see whether anyone has any relevant comments/experiences. I am guessing I would have to talk to the folks from the city/county/subdivision and see whether it's even possible. I also likely would have to consult a real estate lawyer to draw up the necessary documents. I'd willing to pay top dollar for the land itself, but wonder whether there would be other substantial (i.e., several thousands of dollars) costs I am not thinking about (again, given it is possible/permitted to begin with).

Thanks!

orbius · 03-30-2010, 10:30 PM

You'll also have to get a certified surveyor to come out and physically change the property markers and then pay him to redraw everything and submit it to the county.

centralaustinite · 03-31-2010, 06:27 AM

In a planned development like Avery Ranch, where everything was platted when the subdivision was approved and developed, I would guess that it would be highly unlikely.

A 10 minute chat with an attorney should tell you if it is doable.

austin-steve · 03-31-2010, 06:40 AM

First, your neighbor would have to be dumb enough to agree. It devalue his property greatly, as his future buyers won't be accepting of learning that part of the yard was chopped off. Buyers of your property might even be scared off.

But if you and your neighbor were agreeable, the simplest solution would be to grant an easement instead of subdividing. An attorney would have to explain to pros and cons.

In the end, I don't think you have a cheap, viable solution. Making that sort of arrangement would introduce what I call a "misfit attribute" to the property. A misfit attribute is something "not normal" that a buyer must be willing to accept, such as a super steep driveway, tiny yard, power lines, backing up to commercial buildings, etc. We encourage buyers to not accept weird stuff that has to be explained.

There are too many properties without strange issues to consider. So it would definitely cause problems for both you and the other property owner when you try to sell.

Steve

Steve

IC_deLight · 03-31-2010, 08:45 AM

One of the problems you will run into is that there is likely a deed restriction that prohibits re-subdividing. This would put limitations on what your neighbor can do, not what you can do. Look to see if there is such a deed restriction. If so, then investigate what the requirements would be to obtain a variance to the deed restriction. Your deed restrictions likely do not have a prohibition against merging lots or merging a lot with a parcel. You are not the one that would need such a variance. Your neighbor would because he would be the one subdividing his lot.

If your neighbor has financed his house, you are looking at having to deal with his lenders. His property is security for the financing and he can't simply sell a portion to you resulting in a changed legal description for his lot without involving the lenders. Invariably both your and his property would need to be surveyed. In your case, you may likewise need to deal with your lenders if you have financed your property. You and your neighbor would both have to undergo a "vacate and replat" process to alter the boundary lines of your properties. His setback requirement will now be located significantly closer to his home. Timing wise, this is better accomplished in conjunction with refinancing both properties and refinancing might be required since the security for his financing is being altered.

You are probably better off moving rather than incurring all the added expense and multiple single points of failure in the process. Just one of the many legal problems associated with property burdened by an HOA corporation.

TexasHorseLady · 03-31-2010, 09:03 AM

There are also state/county restrictions on subdividing (minimum amount of land that can be sold off from a larger piece without going through the formal platting procedure) that might come into play here, silly as that might seem. These apply even to rural property, so it's not just an HOA thing in this case.