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  #1  
Old 07-10-2004, 12:38 PM
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Join Date: Oct 2001
Location: Rogue River, OR
Posts: 36
Question

Buying Property with 2 issues


What is the name of your state? OR

I am currently in escrow with the purchase of a piece of property (zoned as woodland resources). After walking the property line with the seller I learned of 2 issues I will have to deal with once the property is mine.

First issue is one of the small adjacent properties is so small that the owner needs to keep 75ft of my property clear of any plant growth in order to build his home. This is fine. But I do not want to give him permanent rights to my new property even though I will almost never see this 75ft area. Would renting him the 75ft area at $1 a year be a doable legal solution?

Second issue is another adjoining property has a small home add-on garage (more of a shed). That currently extends 8 ft. onto my property. The owner of that property is aware of the issue. I don't feel the need to make him move it as again its in an area of my property that I would almost never see, but I do not want him to ever have any rights or claims to be able to later take some of my property claiming something like squatters rights. Again I am interested in the either a rental solution or maybe having him sign a waiver giving up any rights or claims to my property. Ultimately I can make him remove it if need be but I would hate to do that. What should I do to make sure I am covered legally?

Thanks for any advice, it is much appreciated.

Random411
  #2  
Old 07-10-2004, 01:18 PM
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Join Date: Oct 2001
Location: Rogue River, OR
Posts: 36
GAH!!! Just realized this is in the wrong forum!! Please strike the above post and I will repost in the correct area. I appologize about that.

Random411
  #3  
Old 07-11-2004, 11:34 AM
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Join Date: May 2000
Location: Catatonic State
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Quote:
Originally Posted by Random411
What is the name of your state? OR

I am currently in escrow with the purchase of a piece of property (zoned as woodland resources). After walking the property line with the seller I learned of 2 issues I will have to deal with once the property is mine.


**A: walking the property line is not a subsitute for a current boundary survey.
*********
First issue is one of the small adjacent properties is so small that the owner needs to keep 75ft of my property clear of any plant growth in order to build his home. This is fine. But I do not want to give him permanent rights to my new property even though I will almost never see this 75ft area. Would renting him the 75ft area at $1 a year be a doable legal solution?

**A: yes or sign an encroachment agreement or give him an easement.
*********


Second issue is another adjoining property has a small home add-on garage (more of a shed). That currently extends 8 ft. onto my property. The owner of that property is aware of the issue. I don't feel the need to make him move it as again its in an area of my property that I would almost never see, but I do not want him to ever have any rights or claims to be able to later take some of my property claiming something like squatters rights. Again I am interested in the either a rental solution or maybe having him sign a waiver giving up any rights or claims to my property. Ultimately I can make him remove it if need be but I would hate to do that. What should I do to make sure I am covered legally?

**A; use an encroachment agreement.
*********

Thanks for any advice, it is much appreciated.

Random411
**A: no problem. Just some random thoughts.
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