LawProblems.com -- Answers to Questions About Real Estate Law
Money and real estate news you can use everyday
 
           

Home
Real Estate Lawyer
Question of the Week
Tip of the Week
Recommended Books
Resources
Glossary
Contact Sam

Modular Rental Unit On Neighbor's Lot

REM #LAW598

By Ilyce R. Glink and Samuel J. Tamkin

Summary: The writer's neighbor is adding a modular rental unit to their lot. Ilyce and Sam suggest talking to the county building and zoning departments about whether there are any land use restrictions in place for the community.

Q: We live in a rural area of platted lots. The "subdivision" has some covenants attached.

Someone is placing a modular rental unit adjacent to our lot. Modular units are permitted. There is no square footage or rental restrictions, but there are covenants concerning business or commercial ventures, and rules about how lots are divided.

We feel that the value of our home will suffer with this rental nearby.
(article continues below useful links)

The owner plans to use the modular home on his lot as a rental for his "family." Is there anything that we can do to prevent them from setting up the modular unit? We want to protect our property's value.

A: As an owner in a subdivision with certain covenants, you as well as your neighbor are bound by these restrictions. You should probably talk to a real estate attorney to discuss the various restrictions to determine if your neighbor's particular use violates the covenants.

Commonly, property covenants restrict the use of each lot to one residence per lot. But other covenants permit multiple residences for each lot. If your covenants require only one residence per lot, it would appear that placing a modular home on the property might violate the covenants.

Keep in mind that if the covenants are either ambiguous or were drafted to deal with other issues not related to your issue, you'll have to find out if your community has any other land use restrictions. Some unincorporated areas have some zoning rules that may be helpful to your situation.

Talk to your county building and zoning departments about whether there are any land use restrictions in place for your rural community.

If there are no restrictions on the land use, it may be difficult for you to stop your neighbor's use on his property.

You might also want to consult an attorney who specializes in land use and zoning to find out if there are any other options open to you.

Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website www.thinkglink.com

 

 

 

RSS Feeds

RSS 0.91 Feed
RSS 1.0 Feed
RSS 2.0 Feed
ATOM Feed

Home Buying   Using Attorneys to Buy a Home - Earnest Money - Quitclaim Deeds - Easements - Seller Misreprensation - New Construction - Buying with Partners - Home Inspections - Seller Problems - Agent Issues
Home Selling    Using Attorneys to Sell a Home - Seller Disclosure laws - Title Problems - Buyer Problems - Real Estate Agent Issues - Tax Considerations
Home Ownership   Neighbor Problems - Seller Misrepresentation And Fraud Issues - Problems In a Condominium Development - Problems Around The House - New Construction Issues - Subdividing Land
Home Renovation   Architect Issues - Contractor Issues - Problems With Contractors - Inspection Issues - Certificate Of Occupancy - Municipal Inspections - Punch List Issues - Financing Issues - Installment Contracts
Real Estate  
Financing
 
Loan Application Problems - Refinancing Issues - Paying Off An Old Loan - Credit Problems - Seller Recommended Lender - Prepaying A Loan - Prepayment Penalties - Predatory Lenders
Investment  
Property
 
1031 Exchanges - Financing Investment Properties - Landlord and Tenant Issues - Partnership and Company Considerations - Tax Considerations - Subdividing Land
 
Contact Us | Sitemap | Terms of Use | Copyright ©2001-2005. ThinkGlink Inc. All rights reserved.
Reproduction of material from any www.LawProblems.com pages without written permission is strictly prohibited.
Site design by Walker Sands Communications