My elderly neighbor and a contractor approached me yesterday. Her basement wall is bowing (not uncommon in this neighborhood) and she needs/wants to install wall anchors. This being an old neighborhood, there’s only 18 feet between her house and mine - and only 5 feet between the property line and her house.
Apparently the anchors need to go out 12 feet. This means digging in my yard, and putting these things in pretty much right next to my house, and in an area where I believe I have a French drain.
My natural inclination is to let them. Heck, if my house were slowly collapsing, I’d appreciate my neighbor not being a dick about it. But at the end they said - “we of course wouldn’t do anything without you signing first” . What now? I didn’t ask for clarification, but why would I need to sign something? That got me thinking further- my basement is nice and dry. I have no problems. Digging around might not do any damage, but it might, and there’s zero upside for me.
So, what would you guys do? Any experience with this?
I’d want to get detailed info in writing, including assurances that they’re responsible to fix anything that happens to your property. I’d take the contractor inside, take pics of how everything looks now, and make sure everything is spelled out and signed by all concerned parties.
I’d also check on the contractor and talk with the local govt about permits/inspections/etc. It’s great to want to do right by your neighbor, but you’ve also got to look out for yourself, because no one else cares about you as much as you do.
I would get some kind of formal agreement about the terms - it would not have to be fancy but an RE lawyer should look at it if not craft it. To be honest, I am not sure what it would say, but I can see this situation turning into a nightmare for one homeowner or the other ten years down the road, when it’s in the way of your property or it’s considered a permanent or grandfathered intrusion or if work or problems on your side cause the supports to shift or fail… you see what I mean.
I would NOT just say “Okay” and let the contractor build in these semi-permanent house extensions well into your property and within 5-6 feet of your house.
ETA: slightly ninja’ed. I would also put some kind of a closure clause in: that you or your successors, heirs or assigns can request removal of the extensions into your property with, say, a one-year advance notice. That’s plenty of time to look into major repairs instead of band-aids, should push ever come to shove.
These aren’t permanent right? Cause that would be an absolute non-starter.
I’d probably tell them I want a lawyer of my choice to draft a simple document for them to sign and for the neighbor to pay the lawyer’s cost as basically another cost of repairing/bracing the house. 2-3 hours of a lawyer’s time will cost $300-1,000, which your neighbor will balk at paying, at which point you will say that the risks are too great for you (time, money, aggravation if something goes wrong). Contractors do unintentional stuff all the time and you need to be protected.
Alternatively you could have the contractor draft it and your attorney review it (which would probably be 1-2 hours of time).
Either way, not having a well-written contract seems extremely risky. I’d be a lot less finicky if it weren’t right next to the house.
I suspect the signing is so that they have your express written permission - ie so you can’t sue the neighbor to have it all removed two weeks later if you suddenly change your mind about the work. That seems reasonable if that’s the case.
If there is anything being signed, I’d want to make absolutely sure that the contractor/neighbor is liable for any issues with your property that arise from this work. I think that’s a reasonable thing to ask - and yes, definitely have a lawyer go through it before signing.
Scenario…you allow them to do this work. Next month the lady died. Next year the contractor goes out of business. Two years from now, all manner of hell breaks loose in your basement as a result of the work…you’re SOL.
Is the design going to be done by an engineer, or will the contractor be doing it on his own?
The building inspector might require a stamped design for something like a basement. I had to stamp my own for foundations for a deck, and those are less complicated to size. If an engineer is doing it, make sure the design is stamped and that you are included in his/her legal language in the design. The engineer has insurance on his/her stamp that will cover you.
Exactly. Or one of you goes to sell, only to find out property rights and trespass are hopelessly muddled, blocking all sales until it’s somehow corrected.
RE is forever, and anything that breaches property boundaries, right-of-way, “fair use” (or whatever the concept of sharing joint access, etc. is called) and so forth is a ticking time bomb that will explode the minute the two parties are no longer on good terms, or when a third party comes into the situation. That “minute” can come without warning, decades later, resulting in five-figure amelioration costs at a worst possible time (slumping market, fixed income, whatever).
Get a legal agreement to cover rights, permissions, and ALL potential consequences. It really shouldn’t take more than an hour or two of a good RE lawyer’s time.
And make sure absolutely every permit, permission, waiver etc. is properly requested, approved and filed. Cities have a way of getting really pissy if they find major work/trespass like this without them having given the nod.
I know it sounds bitchy, but I wouldn’t do it. There is always another way to fix a problem. Even if it’s more expensive, I would have them do something else.
Yep
This is probably the cheapest and least intrusive fix for the homeowner. There are certainly more expensive and messy ways the job could be accomplished from the inside. In your position, I’d find absolutely no obligation to agree.
Does anybody know if there is another way to fix this issue? Because I can see an upside for the op: not living next to a delaiptaded house that will bring down property values. If there is no other way to fix this problem, I would allow it with the proper legal paperwork. Good neighbors are priceless.
I would allow it, providing they sign a form ensuring that they will be responsible for any damage to my property, restore the yard over the trench to it’s previously manicured condition, and deliver a fine bottle of wine to me every 12 months in perpetuity.
I’d say no. There are too many legal and practical issues if part of your property is being used to maintain their house. It’d be one thing if it was something cosmetic like a fence or driveway, but this will be a permanent necessity to maintain. The cables may prevent you or the future owner from using that strip. There may be maintenance issues for you or the future owner if the cables need to be repaired.
The cables could hinder your ability to sell the house. Prospective buyers may not want to deal with the hassles of this strange property situation.
Absolutely do not agree until you have consulted with a real estate lawyer and fully understand the situation. Being a nice guy is going to have many serious downsides for you.
That seems so … improper. And temporary. It also looks fairly expensive. I wonder what the cost comparison is with just lifting the house and pouring a new, modern, foundation? I know that’s no small deal, but the cost of anchoring seems like it’s only an expensive delay for the inevitable replacement anyway. Sometimes expensive things happen to your house and you have to bite the bullet.
As for funding the new foundation it might be interesting to see how neighbor’s homeowner’s policy defines “collapse.” If she can get a new foundation that way, you both win.
I would ask the contractor why the anchor has to go out 12 feet. It seems like the anchors are located away from the house to get outside the fill area around the house and in to virgin soil. But if the anchors are installed close to your house, they would be in your fill area, which would seem contrary to the overall principle. since the houses are close together, it may be that there is no virgin soil between the houses anyway. So maybe the 12 foot distance can be shortened, which would put the anchors farther from your house.
It seems like for some installations, there is no excavating. You might want to ask whether or not they are going to excavate a trench, since a trench would be more likely to have some adverse effect on your house in the future. Soil is complicated…