My property line on one side happens to be the defining line in the village between Commercial and Residential Zoning. I did not know this when I bought the home, 7 years ago. It’s a well established line in a 200 year old village. I bet the line was drawn at least 80 years ago. I was told this by the Mayor ( someone I know ) at the Village Hall. The line is approximately 30 feet from the corner of my house. Best I can do is request a Zoning Variance demanding a visual screen be built to block me from seeing whatever is built on the other side. Great. A wall. Nice. AND I’ll still hear any heavy machinery, trucks, etc.
The parcel adjoining my property is now for sale. It fronts onto the street over from mine, which has mixed residential and commercial properties. In short, someone can and most likely will develop immediately against my property line. It will be light industrial or office. Either way, my home will be worthless.
Today, we are placing the home on the market, and moving to another home in town. The question is this: Can I be sued for NOT telling a prospective purchaser of my home that the property adjoining it COULD be developed commercially? It’s not sold yet, and therefore not being developed yet. It is posted out on that road as for sale, however. I wanna get out of here before someone buys, and breaks ground.
Is this illegally deceptive, or just ( obviously ) sneakily deceptive? Is there precedence? Am I obliged to tell them, or is it incumbent upon them to discover? ( As I should have when puchasing this home ).
Help ! And, although this is not the Pit-- DAMMIT ! SHIT ! I ** JUST** put the finishing railing onto the deck that I built !!! <snarl>. Okay. Any thoughts from the Legal Eagle Teeming Millions?
[obligitatory comment on real estate questions]What state and city are you in?[/comment]
Obviously the answer to this question depends on state and local law, which may vary significantly. The only proper way to get this question answered is to consult a qualified attorney in your area.
That being said, zoning is a matter of public record, and in most jurisdictions, any prospective buyer (and indeed any member of the public) may be considered to be legally on notice of it (the legal term is “constructive notice”). If this is the case, then you need not give a prospective buyer specific notice of the zoning of neighboring properties. However, it is likely that the community of real estate brokers in your area knows what is going on with the commercial property, so not specifically telling a prospective buyer may not make much difference.
In addition to brokers knowing about your zoning problem, it’s a pretty safe bet that any new buyers will have an appraisal done (either to qualify for a loan, or for their own purposes if paying in cash). Zoning issues are generally addressed in appraisals - since they are, after all, public record. Sorry, dude… I think the cat’s already out of the bag.
Wouldn’t the effect of zoning on the appraisal have shown up when Cartooniverse purchased the house? Regardless, I would think the potential for something nasty to go in will have less of an impact than when those Golden Arches are already up. Right now, it’s just a piece of property for sale.
Cartooniverse, do you have an agent? What do they say?
Cartooniverse, one more thing. I can’t see how you need to disclose all the horrible things you imagine could go in there. Right now, you don’t really know anything.
Ok, I’m just a college student, so I don’t know much about suburban real estate, still though, why is this such a big deal? If it’s an office, that just means you won’t have a neighbor who will have loud parties. If it’s a McDonalds or a minimart, cool, you can just walk next door and get milk or a burger.
Anyway, if you already have some stores and office buildings a block away, why does it matter if one is right next door to you? I think you’re kind of overreacting a little. You’re property isn’t worthless now.
Aside from that, I think you have an obligation to tell people who want to buy the house. It might scare away one or two, but it might make others more interested. Just my opinion though.
Ariadne I would definately not want to live at the edge of residential zoning. Living next door to Macdonalds would suck all that traffic, bunch of high school kids playing their car stereos loud, smell from the dumpster. An office building would be less annoying. The only reason I would consider buying within a block or two comercial zoning is if the price really made it worth my while.
Both times I have purchased a house I got a map of the zoning near the house from my realeaste agent. This just seemed to be part of what a good agent did. In California it is probably the law. So as far the original question goes you probably don’t have to inform them yourself but they will find out. A good agent will keep up with what is going to be built there. They have to do something to justify getting their half of 6% of the house.
Well, I spent like 20 minutes composing a lovely post. Got booted offline. Lost it. Dammit. Okay.
Billdo: I’m in NY State. Past that, I plead the 5th.
Zen: yes I have an agent. I wish he’d caught it. He thinks I can’t get sued. I need to find a Real Estate Attorney.
Ariadne: I chose a street with houses, not McDonald’s. The commercial stuff a block away is VERY low tech. A Mobile On The Run, and homes. Really- one home is now lawyer’s offices, but it looks like a home. That’s IT. So, having light industry ( or, not so light) RIGHT up against my property line really would be a mindwrecker. Look…I don’t mean to be rude about it, but I chose this house because it was QUIET here. I have WOODS behind me. I just finished building that damned DECK THAT I broke my back on ( Literally, broke my L-3 last September in a ladder accident on the deck).
I feel as though the rules got changed after I bought into the game. I KNOW, the rules were set and I bought in not knowing em, but dammit all
And, thank you all for the thoughts ! Gives me more to mull over.
Cartooniverse, you got good info from Billdo. * caveat emptor * means “let the buyer beware.” You furnish a deed when you sell the property, usually a warranty deed, wherein you have to warrant good title to the property and disclose all covenants, restrictions, and easements. You don’t have to disclose any zoning of your property or any other property, for the deed states that it is subject to local zoning ordinances.
It appears that the zoning was changed for the adjacent property, much to your detriment. If you feel as a result that your property lost value, you * may * be able to bring a suit for the loss of value to your property, as it was not condemned and your loss was not compensated. There is a provision in the Bill of Rights preventing a government taking property without due process. However, I would not bet on your chances. That is, however, something you may want to discuss with a real estate lawyer.
Well speaking as a commercial real estate agent there are any number of things you can do to make the property next door to you practically unsalable to a commercial RE prospect unfortunately most are illegal and involve the EPA Superfund and … (realizing this is a good time to shut up). Never mind.
Of course I did, that’s why I have Billdo on retainer
Perhaps I was not clear, or you may have misunderstood my O.P. This line, demarking the differentiation between Commercial and Residential Zoning in my village has existed for decades, without alteration. THAT much was made clear. I can hardly make a case that it was changed, when it was a defined line before I was born. Additionally, it’s not just that adjacent property, but that entire street. However…when you have an older town, even areas zoned for Commercial may indeed have a fair smattering of homes in it. Such is the case here.
Astro??? Love the way you think, would never think to act upon such urges. I mean. Men get urges. Doesn’t mean we act upon 'em. :o
