I need a form for my neighbor to sign agreeing to a setback property line?

Question

He agrees and we can get a building permit but want to assure that it is binding in the future. He has done it before (25 years ago) and papers are lost. Any help.

Answer 1

I wouldn;t touch anything to do with property lines, especially if you are building something that will cross over them without a lawyer - usually there are also local zoning laws or building codes that require structures to be x number of feet from property line - better check out the legality of what you want to do before doing anything

Answer 2

Set backs are not set between neighbors.    Set backs are set by the cities/counties planning department.

There is no form, you do not alter the set backs, those are the building/fire safety codes.

Your neighbor would have to deed over part of their land to you in order for you to move your foot print.

Answer 3

If he did it before and it was recorded, then it is public record.  Check it out there.  Terminology seems confused.  IF this is for building code with your community, and allows you to not comply with zoned setback, generally no form, just a letter.  Suggest you have attorney draw up document for you if old one not recorded, and get this one recorded.

Answer 4

TImes have changed.  In the USA (you did not cite your State let alone your country), subdivision laws have been enacted which prescribe the techiques that must be used to divide or re-divide land.  (There were just too many swampland and desert sales - grin).

Anyway, in California, it is called the Subdivision Map Act.  Google Your state and something like that to see what the basic laws are.

If you do not follow the process, then any agreement you make can likely be set aside by future owners of the land since it will be in non-compliance and deemed in violation of the law.  As a result, when you or the neighbor go to sell the land, a title company will pick up on that and refuse to insure the titled.  That will mess things up a bit, but who knows, someone may buy the property at a discount....That means that, in todays world, one, or both of you, may then be sued by a future owner.    

Ok.. those are the cold cruel facts.. so what to do:

1)  Go visit your City Hall, County seat, whatever it is called where ever you are and talk to the planning and zoning department.  FInd ou what you need to do this.

2)  Hire a surveyor to create a legal boundary description.  In some cases this may be a map, in other cases it may simply be a legal description.  In most states this can ONLY be done by a surveyor or a lawyer (and lawyers turn around and hire surveyors anyway)

3)  Get the right papers filed .. for most people their home and land are the single most expensive investment.  You do NOT want to scr*w around saving $100 or so and risk having your title clouded.

ok.. its just not the same as it once was, and the penalties are severe.

.

Answer 5

It is called an easement, and if he did it 25 years ago, you can go to the conveyance office at the county clerk's office to get a copy of it.  Have you not had your property surveyed since then?

-Em