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Place For A Swing Set |
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Dear Edith: I'd be interested in buying a portion of a neighbor's property as a place to set up a play set for my children, and perhaps plant a couple of fruit trees. My property has no good flat space, whereas the neighbor has a perfect spot, abutting my land. The homes are in a subdivision, so I guess I need to know whether it is possible to re-divide the lots, and what problems I might encounter if the neighbor's property is mortgaged. Could the transferred property be added to the deed for my home, or would it remain a separate parcel? I haven't spoken to the neighbor yet, I am just in the process of thinking this idea through.—L. R., Pittsford |
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Most of your questions should be answered by a lawyer who specializes in real estate. Consider, though, whether instead of buying the land, you could just ask to rent the space, or ask for a license to use the land. That might be more acceptable to your neighbor, with fewer legal complications. You’d have to consider the insurance situation, though. Anything you attach permanently to someone else's land becomes part of their real estate, of course. And a license can always be withdrawn, which is also a drawback from your point of view. It might be more appealing to your neighbors, though, as it wouldn't affect their mortgage, subdivision regulations or a future sale. |
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Edith
Originally published on October 23, 2005 |
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