Can I pay my nieghbor for an easement? (real estate, HOA)

[shenane]

I live in a zero lot line property which I hate. But it's going to cost me a bunch of money to move. What if I paid my nieghbor a couple of thousand dollars to move her fence line back so that I could have complete access to my house (pay for an easement). This would give her a smaller back yard and give me access to my house. Could this be recorded with the county clerk (I live in Bexar)? Would the bank allow this if they still have the lien on the house. I would have to get approval from the HOA as well (Spectrum).
The front yard could still be all hers and I would just be able to walk in and work on my house (like spray for bugs, paint, etc..) whenever I want.

[goodmanm]

It doesn't sound like your neighbor has much to gain by giving you an easement.

If she's willing, get your HOA approval and speak to an attorney who works in real estate. It sound like a fairly complex issues which if not done right could cause legal problems in the future.

[RoaminRed]

I agree, your neighbor has nothing to gain from such an arrangement. Not only would they have to move their fence (a costly proposition) but they'd be out the use of part of their land for the forseeable future. This would impact their property values. If my neighbor offered me "a couple thousand dollars" to permanently decrease the size of my lot, I'd give them an emphatic no -- after I managed to quit laughing.

[johnsonkk]

Whatever initial agreements you decide in a friendly manner with your neighbor is your starting point. Keep in mind an easement is a 'land usage' agreement, not ownership so you will always have strings attached (thinking of building a driveway?).

The following will also have be done before it is 'permanent'.
1) changing both of your deeds to reflect easement line - requires real estate atrny.
2) need new survey for both properties showing the easement / utility lines.
3) seeking permission from HOA for moving the fence / their approval.
4) the fun one? possible affecting your property taxes.

Best of luck in your pursuit of a few extra feet of land.

[kevcrawford]

Why don't you just ask your neighbor if you need to get into their yard to access the side of your house? Wouldn't that be a million times easier and cheaper?

[RoaminRed]

Originally Posted by kevcrawford

Why don't you just ask your neighbor if you need to get into their yard to access the side of your house? Wouldn't that be a million times easier and cheaper?

You'd think so! If he needs to get at it a lot, he should just be friendly with his neighbor, and build an access gate in the fence between the yards. That way he wouldn't even have to go around in order to get to the side of his house.

[shenane]

Thanks so much for the great responses on purchasing an easment from my neighbor. Especially reminding me that my property taxes are probably going to go up. That might be a selling point to my neighbor - her's will probably go down.

I had a survey done of my property in 2001, but I can't locate it. It's not with my mortage paperwork for some reason. Is there a way for me to get a copy of it from somewhere? I looked all over the bexar county clerk page. I found warrenty deeds and such but no survey. Nothing on the tax assessor webpage or the appraisal district's webpage either.

More info on easement. Yes, I could ask my neighbor everytime I want to get in my yard, but that is the main problem I have. Sometimes I need work done on my side of the house and no one is home to let me in.

Also, they have been leaning stuff against my house and putting holes in it. I was thinking in leu of asking her to pay for new siding, I could purchase that side from her.

Thanks again for the great responses.

[kevcrawford]

You need to either call the title company you closed at to see if they have it on file, or call the surveyor that did the survey and ask if you can have a copy. They both usually keep them on file for a while.

[johnsonkk]

You can get a copy of your last plat survey through the city direct without asking your title company, real estate agent, etc. Here is a good source on how to acquire a copy http://www.sat.lib.tx.us/central/govdocs.htm (broken link)

Each city and county keeps the offical, recorded copies of each survey. Can you imagine hinging real estate deals on each landowner keeping their own 'official' survey?

It sounds like you haven't talked with your neighbor yet (holes being put into your house?). You can approach them for the easement but those holes will likely continue unless you resolve that issue. With all the work going towards securing an easement on your deed, you may want to work on improving your existing access points (if you aren't planning on moving). Good luck.

[jwh97]

If it is maintenance you are concerned with, a 5' maintenance easement is already in place and requires your neighbor to give you access to the side of your house and prevents him/her from placing structures such as tool sheds within that area. They cannot deny you access to the easement to maintain your house along the lot line and must provide a gate if it is fenced. Here is a quote from the current city code which is probably similar to the one in effect at the time your subdivision was platted:

Section 35-515 (e)

Zero Lot Line Subdivisions. (1) Maintenance Easement. For zero lot line subdivisions, a minimum five-foot wide maintenance easement shall be provided through deed restrictions on the lot adjacent to the zero lot line. This easement shall be kept free of permanent obstructions such as tool sheds or fences without a gate. When filing an application for a building permit for a zero lot line development, the subdivider shall provide the city with two (2) copies of deed restrictions establishing the maintenance easements. One (1) copy of these deed restrictions shall be recorded by the applicant prior to issuance of the building permit. Along with the required building permit filing fees, an additional fee shall be provided by the subdivider to cover the recording costs of these deed restrictions.

(2) Plat Annotation. The following notation shall appear on the plat:

"_________ foot wide maintenance easements are established within the lots adjacent to all non-attached zero lot lines. Such easements shall extend for the depth of the lot and are included in the deed restrictions for all affected properties."