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View Diary: A story of real estate overdevelopment (10 comments)

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  •  Some question (2+ / 0-)
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    Cats r Flyfishn, Lujane

    Not sure what part of the country you are but in my part you cannot build on a landlocked lot.  It must have some kind of right of way or maybe it's a flag lot with a 25ft strip that connects it to the street.  If it owns outright the strip connecting it to the street then the builder can do what he wants on that land as long as it's legal and reasonable.  Destroying neighbors bushes is not reasonable and owner should be reimbursed for them or have them replaced.  If the builder has an easement, basically someone else gave him the right to go over their land.  It's very likely that there is something recorded with the town or county land clerk spelling out the rights of the builder and subsequent landowners as that easement very likely runs with the land.

    Lot size doesn't matter so long as it's within zoning.  If it meets zoning codes then a lot is a lot is a lot.  If it's not within zoning then they probably fought to get a variance which many builders do.  Maybe that's what you refer to as bullying.  I get the impression that is what probably happened here.  

    As for the listing.  It's customary for a builder to advertise a new house using stock photos of work he's done in the past along with maybe photos of elevations, plans and surveys of new construction.

    As for price, well again it's all location specific.  $300,000 won't get you a decent lot in many towns near me, let alone a newly built house.  Maybe in the cities but then you're talking about a 1,400sf Raised Ranch.  

    This is your world These are your people You can live for yourself today Or help build tomorrow for everyone -8.75, -8.00

    by DisNoir36 on Sun Mar 03, 2013 at 10:15:29 AM PST

    •  The lot is indeed entirely landlocked. nt. (2+ / 0-)
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      Cats r Flyfishn, Lujane
    •  An Easement by Necessity (1+ / 0-)
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      Lujane

      I always understood that thare was no such thing as landlocked parcels because common law states that an easement by necessity shall be created.

      Think about it - who in their right minds would buy a landlocked parcel? The only people it would have value to would be adjoining property owners . That's why you cannot subdivide and create them - all lots must be accessible.

      I'm not a lawyer, but this has always been my laymen's understanding.

      “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR

      by Phoebe Loosinhouse on Sun Mar 03, 2013 at 10:29:40 AM PST

      [ Parent ]

      •  As far as I know... (1+ / 0-)
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        Lujane

        you cannot, currently, knowingly create a landlocked parcel.

        The problem lies in the fact that the has not always been the case and that, not infrequently, landlocked parcels once were created essentially by accident. That's the reason there are legal prohibitions on developing landlocked parcels. They exist more or less as a legacy of former times. You won't for example find such parcels in the sorts of large subdivisions created after WWII as the creation of legal parcels had become a far more controlled process by that time.

        I'm not a lawyer but my job requires me to be somewhat conversant on the mechanics of such things so I can say that, at the very least, I'm not aware of any jurisdictions that affirmatively require the owners of surrounding parcels to grant easements to landlocked parcels. If a parcel is landlocked it can't be developed (at least in most places) unless and until the owners of that parcel and the surrounding parcels agree to create easements for access but there is no requirement that surrounding owners take that action. In general they weren't the ones who created the landlocked parcel so they have obligation to fix the problem. Unless they're willing to do that (usually for a price) the landlocked parcel can't be developed and, in many places, it also cannot be legally transferred.

    •  The photos were claimed to be of the house, not of (1+ / 0-)
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      Lujane

      other houses.

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