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addition built over easement

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H

houseguest

Junior Member
I am looking at purchasing a house in Blue Mounds, WI. It is a really great home and me and my family really like it. There is one huge problem though. The current owners (it is currently a short sale) built an addition on to the home about two years ago and they did not get a building permit. According to the listing agent this would not be difficult to fix--I would have to buy one from the town for about $500. Worse than this though, they built the addition over an easement for a shared driveway owned by their neighbors.
I called the town clerk and she said should could not help me with working out the issue. Now I am stuck. I was planning on going to the neighbors and asking them about it. However, I am not sure what kind of agreement I would need to get from them in order to ensure there will be no problems in the future. Any advice?

Thanks!
 


M

Mass_Shyster

Senior Member
houseguest said:
I am looking at purchasing a house in Blue Mounds, WI. It is a really great home and me and my family really like it. There is one huge problem though. The current owners (it is currently a short sale) built an addition on to the home about two years ago and they did not get a building permit. According to the listing agent this would not be difficult to fix--I would have to buy one from the town for about $500. Worse than this though, they built the addition over an easement for a shared driveway owned by their neighbors.
I called the town clerk and she said should could not help me with working out the issue. Now I am stuck. I was planning on going to the neighbors and asking them about it. However, I am not sure what kind of agreement I would need to get from them in order to ensure there will be no problems in the future. Any advice?

Thanks!
Click to expand...
Worst case is you buy the house and are forced to remove the addition. I'd say it's worth a few hundred bucks to get a lawyer's opinion.
 
D

drewguy

Member
Exactly.

What have the neighbors done so far about the encroaching addition? Seems odd that nothing has been done in two years. Anyway, one solution would be to get their agreement to move the easement so that it doesn't go through the addition. Not sure if it's possible, since you don't describe the layout, but they may be amenable to doing that for a little money. Of course, you bear the recording fees etc.

I would be skeptical of a house with an addition that was built without a permit and encroaches an easement. Who knows what else they did wrong? But if you're interested you might consider making them an offer contingent upon their obtaining an as-built permit and either a revised easement or a recorded termination of the easement (if the neighbors don't care for it any more).
 
N

nextwife

Senior Member
Blue Mounds is hilly. Would the topography and remaining land ALLOW for relocation of the easement? Are the beneficiaries of the easement agreeable? Do they have alternative access? Are you certain this is not a utility easement?

One biggy (i'm in WI): I've seen municipal building inspectors require tear down or removal when walls were closed with no prior electrical or plumbing inspections. They won't approve what they cannot know is correct. Don't presume merely buying a permit is sufficient. I'd require the building inspector sign off on the addition and allowing it to remain before I'd close.
 
H

houseguest

Junior Member
Thanks for everybody's input!

The area right around the house isn't actually too hilly. So, relocating/altering wouldn't be too difficult I would think.

The people who own/ed the house are builders, so the quality probably isn't too bad. I also had my brother, who is a builder, look over the house. He said it seemed okay. However, I agree with you guys. I would definitely make an offer contingent on an inspection and permit approval.

I am going to try to talk to the neighbors who own the easement tomorrow. I'm just not sure what I am going to talk to them about. That's the kind of advice I'm looking for.

I'm pretty sure the easement is for a shared driveway, though I could be wrong. Here is the lot picture from dane access: http://sites.google.com/site/housguest/images/lot.jpg. Here is an image of the neighbor's lot: http://sites.google.com/site/housguest/images/neighbor.jpg

Thanks again for your help.
 
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D

drewguy

Member
houseguest said:
I'm pretty sure the easement is for a shared driveway, though I could be wrong.
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From looking at that picture it seems like the actual road/driveway isn't impacted. And they don't need the rest of the easement area (nor do you for a shared driveway). For a few bucks I would guess they'd be willing to give up part of the easement.

Also, the way you have it drawn is a bit bizarre--it almost looks like a separate lot with joint ownership or something. Easements usually don't get platted separately, but rather are marked on a plat or simply recorded on a title.
 
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