Neighbor & I want to swap property

[rons515]

Hi.
Brand new here, with a positive question. My neighbor and I want to modify a boundrie line, which will give me some of his property and him some of mine. We both agree on the exact change. No money would be involved.
We live in NY.We are both on fixed incomes, and would like to do this without lawyers, etc.
Anyone with experience in this? The county clerk said she could not give me any legal advice on how to proceed. I would greatly appreciate any advice or suggestions.
Both of us have clear title to our properties, so there should be no complications. A simple boundrie line moving and extension would move some of my land to his side, and vice versa.
Thanks very much.What is the name of your state (only U.S. law)?

 

[Kiawah]

I'll be interested to hear the experts on this. I can't imagine how this would be a doityourself type of deal (property surveys, deed changes, county/city/town ordinance/variance investigations, maybe easements if utilities underground in that area, maybe title search/insurance, etc).

How much property are you talking about?

 

[justalayman]

while there are a few that could do it DIY, for the average person, it shouldn't be. With something such as real estate, a little mistake now can be a big problem later and undoing the mistake is generally harder than what it took to get there.

You are looking at creating a legal description for each of the parcels to be swapped and then deeding that to the other party. Then, unless you want to leave the new plot as 2 parcels, you have to recombine them into one for each party. (more deeds)

You will have to deal with the tax office to establish new tax numbers for the new parcels whether they remain as 4 or are combined back into 2 parcels.

This all has to be properly registered with the register of deeds office and possibly the revenue office (tax office)

I haven't checked for specifics of a deed in your state but some states have very specific requirements for the proper structure of a deed. One such example is in my state, there must be a 2 inch margin around any text and nothing can be in that margin. If there is, the deed is defective and that is the start of one of those little problems that can become huge in the future.

I would suggest speaking with an attorney and at least getting a price for them to do this. It really isn't that difficult but accuracy is critical.

another thing I just thought of; depending on how your property taxes are structured, this could cause a large increase in taxes. Again, as an example, in my state, our assessed value is capped at a certain increase each year regardless what the true value it. If I changed the property as you are, it would allow the new parcel to be assessed at appraised value rather than the capped value I currently enjoy, which, in my case, would be at least a 25% increase in property taxes.

 

[nextwife]

It is extremely important to have complete title searches on each property. One important consideration is whether the swapped piece has any matters running with the land that could impact use: easements, Right of ways, deed restrictions, etc. Also to verify that each piece is free and clear. Additionally, you need to know if swapping land will still allow all improvements to comply with set back requirements.

 

[You Are Guilty]

What is being proposed is so far beyond a DIY project, its almost laughable. So if all that is needed is each owner to have the ability to use the other's land, why not consider something much simpler, like mutual revocable licenses? That sort of thing can, if you are careful, be done using fill-in-the-blank type forms available online.

 

[154NH773]

You also may need the approval of a local Planning Board. This is not something you should try to do without a lawyer.

 

[Terminus]

Swaping land

You will more than likely need a surveyor involved also. In most states a division of land requires a boundary survey. That division needs to meet local planning and zoning regulations if applicable and also be tied to the original lot boundaries correctly so as to not create gaps and gores.

The plan created by the surveyor can then be recorded and noted in the legal description of the deed. This is definitely not a DIY type job....and might actually be illegal in your state.

 

[lizjimbo]

It may be a very simple process

Your county administrative offices, or town, should be able to provide you with the requirements fro a boundary line adjustment. It usually involves an equal area land swap. You will need a land surveyor to draw the new lines. Again check with the county as to what the recording requirements are.
Because this is actually a very simple land swap deal you shouldn't need to keep a lawyer employed. The internet is a useful resource for locating boiler plate legal documents. If you have a good command and understanding of the english language you can DIY.

 

[154NH773]

Because this is actually a very simple land swap deal you shouldn't need to keep a lawyer employed

I disagree. The fact that the question was even asked by the OP would seem to indicate an unfamiliarity with the necessary legal steps. I'm not saying that it can't be done, but I would strongly advise they get at least some local legal advice and assistance in the required deeds and paperwork.
They could probably present to a Planning Board without paying a lawyer to attend, etc., but land is a valuable commodity, and what they do now will be forever. Don't chance messing it up trying to save a few bucks.