In the Monday Randoms thread, I said we were drafting an offer on our dream house. We looked at the plat prior to making the offer, and there are several funky items on it. There's a 100ft Conservation Easement which we wouldn't be able to touch, it also happens to be right where we wanted to put the garden. And there's a 50ft right-of-way along the back of the parcel for a potential road. Between those two things, it's 25% of our acreage gone. And there are "covenants", which are eerily close to an HOA, which is a dealbreaker for us. So we're walking away.
I am so depressed. I got SO EXCITED about getting out of the crapshack. The new house was SO NICE, with a deck and a hot tub and a big kitchen. So many great features. Between this and my period showing up (so TTC was a bust this cycle), I don't know why I bother getting excited about anything. And everyone wonders why I'm a pessimist? THIS IS FUCKING WHY.
Update: We put in an offer! Thank you all so much for your help and encouragement, especially imojoebunnysjh722 and @this. I couldn't sleep last night, I kept thinking about what y'all said about doing more research. So I stayed up until midnight looking at the zoning map and regulations, figuring out how many parcels the farm behind us could be subdivided into, and what's going on with the easement. I called the zoning office this morning armed with my research, and got great news! The easement is NOT for a road! It's a private easement, to provide access to the farm behind us, which the zoning person said probably can't be subdivided since it has some lots on it already. The county has no road plans back there, or development plans of any kind. The zoning person also said we might be able to convince all the landowners to agree to "vacate the easement" (aka get rid of it).
So we put in an offer today, the homeowners are reviewing it tonight! We'll see what happens, they're being...weird. But it seems like someone is always an oddball in a real estate transaction. I'll keep you posted!
And while I appreciate the "there will e other houses!" comments, honestly there's not going to be a better house. There's not. This house was updated, tiled bathrooms, great layout, wood stove, whole-house generator, huge garage with storage, TWO ACRES and my IDEAL location. If I could live anywhere in my county, it would be there. We're going to spend the rest of our house-hunting comparing every property to this one. We're going to end up with a fixer-upper on an acre. That's what's going to happen. And I'll deal with it. But right now I'm seriously like dead inside. That was my house. That was supposed to be my house. When we walked out after the showing, there was a beautiful butterfly on the front steps. We both immediately thought it was a sign that this was our new home. And we got stuck behind a tractor on the way home, which reminded us so much of our current property.
Have you seen the covenants? If there's no HOA, they are usually pretty loose. I would ask for a copy if you haven't seen them yet. (I own 5 acres that has "covenants" and it just says we can't put in a manufactured home or further subdivide the land, and that we have to follow county ordinances on agricultural animals, etc).
Post by mandapanda18 on Jul 8, 2014 16:31:26 GMT -5
Sorry... I don't know where you are, but in Cali the conservation easement would allow for a garden... we have to keep it "green" and not put any permanet structures /concrete. We have a road easement on our property as well (15 feet wide on the very back of the property, but we have lived here 10 years and nothing has happened.
sjh722 and @this, we did ask for the covenants, they should be here soon. But a huge reason why we moved out here was because we don't want restrictions on what we can so with our property. If I don't want to mow the grass, I shouldn't have to mow the grass, KWIM?
For the conservation easement, we have to get permission from the zoning board to do anything with it at all. With the right-of-way, the potential road goes to the large parcel behind us. So at some point in the future it could go to 2 homes or 20, there's no way to know. And we certainly don't want to be buying our "forever home "just to have a subdivision put in behind us.
I'm so sorry - house hunting is the worst. ITA with @this to look into the covenants; maybe they're something you can live with for the perfect house. Anecdote alert! We found our dream house on our first day out looking - perfect location, wonderful layout, great yard, excellent school, great commute - and upon inspection found it had some deal breakers for us (namely a non-functioning bathroom); we also walked. It was awful, I was convinced we'd never find anything nice EVER...then two weeks later, (and many, many houses - I won't lie) we found an even better house and we close next Friday. So don't give up hope! Although I'm an optimist, so feel free to completely ignore me.
. So at some point in the future it could go to 2 homes or 20, there's no way to know. And we certainly don't want to be buying our "forever home "just to have a subdivision put in behind us.
When you said "road", this is what I thought was the situation and for this reason alone, I'd probably walk too. A road behind your house to more houses? No thanks.
. So at some point in the future it could go to 2 homes or 20, there's no way to know. And we certainly don't want to be buying our "forever home "just to have a subdivision put in behind us.
When you said "road", this is what I thought was the situation and for this reason alone, I'd probably walk too. A road behind your house to more houses? No thanks.
Ditto, mine is to expand the levy for updates in the future, possible road on top of the levy, but there is a green belt back there, so no house can ever be built.
And while I appreciate the "there will e other houses!" comments, honestly there's not going to be a better house. There's not. This house was updated, tiled bathrooms, great layout, wood stove, whole-house generator, huge garage with storage, TWO ACRES and my IDEAL location. If I could live anywhere in my county, it would be there. We're going to spend the rest of our house-hunting comparing every property to this one. We're going to end up with a fixer-upper on an acre. That's what's going to happen. And I'll deal with it. But right now I'm seriously like dead inside. That was my house. That was supposed to be my house. When we walked out after the showing, there was a beautiful butterfly on the front steps. We both immediately thought it was a sign that this was our new home. And we got stuck behind a tractor on the way home, which reminded us so much of our current property.
And now I'm crying.
If this is really true, "We're going to end up with a fixer-upper on an acre. That's what's going to happen," then why not go for it? A conservation easement is not really a bad thing. We have a two acre property that we only use a small part of. It also has a driveway on it, but no easement, for the house next door, which is on another street. We still enjoy the two acres. Granted, the driveway goes to one house and gives the kids a place to play on an otherwise steep slope, the house we can only see in the winter, not to a subdivision, but if it is unlikely that a subdivision would be built, and if it is you might well have some say in the minimum lot restriction. It depends on where the easement is I guess, but if it is on the edge of the property, it might not be such a bad thing, especially if your other choices for the same money are all on one acre and not as nice. If the HOA thing is super restrictive, I would definitely walk, but if the rules are more about preserving the nature of the area, it could well be your friend, especially if they did try to put up a development. Don't walk, just because the lot has restrictions, if you'll end up with less in the end.
. So at some point in the future it could go to 2 homes or 20, there's no way to know. And we certainly don't want to be buying our "forever home "just to have a subdivision put in behind us.
When you said "road", this is what I thought was the situation and for this reason alone, I'd probably walk too. A road behind your house to more houses? No thanks.
DH googled the farmer behind the house (where the road would go to) and spoke with him. He said his "whole family lives back there, and they have no plans to develop it."
Thanks imojoebunny, those are good thoughts. The covenants actually aren't too bad. They say we can't built another structure, temporary housing, can't live in the garage, and have to maintain the conservation easement. Nothing about animals, which is what we feared (we have livestock already).
So we COULD accept that the covenants are okay, and we COULD see if we could buy the right-of-way back from the farm behind us. But is that trying too hard? Are we trying to force something that's a bad fit for us? How far should we go to "make something work"?
When you said "road", this is what I thought was the situation and for this reason alone, I'd probably walk too. A road behind your house to more houses? No thanks.
DH googled the farmer behind the house (where the road would go to) and spoke with him. He said his "whole family lives back there, and they have no plans to develop it."
Thanks imojoebunny, those are good thoughts. The covenants actually aren't too bad. They say we can't built another structure, temporary housing, can't live in the garage, and have to maintain the conservation easement. Nothing about animals, which is what we feared (we have livestock already).
So we COULD accept that the covenants are okay, and we COULD see if we could buy the right-of-way back from the farm behind us. But is that trying too hard? Are we trying to force something that's a bad fit for us? How far should we go to "make something work"?
My questions would be, is it possible to access the adjacent property with the easement from another road? If so, then you could fight any expansion of the easement. You would currently be providing a driveway to a private family, not a road. I would call the county and ask them exactly what the easement means. I have found our rural county to be much more pragmatic and honest about these things than our city county. I would not try to buy back the road, which is really a driveway for one family, unless they would prefer another access point, but can't afford the gravel. If there is another access point, would it be more desireable, if ithe land was developed in the future, if so, your worries may be mute. The HOA covenants sound like they are generally in line with your beliefs.
Is is there a written paper about the easement and what does it say? Many easements are grandfathered based on historic use, and can not be expanded for something like a neighborhood. Others are based on land purchased. It might be worth an attorney to find out which this is. In our case, it is clear, no legal easement, a historic use one has different connotations in different areas. You may also ask about liability for accidents that happen on the easement, we carry extra liability insurance for other reasons, but It helps me sleep better at night about this concern, unlikely, but possible. Who is responsible for maintaing it. If it is a legal easement, these things should be answered by county code or the easement, itself.
Since you are interested in animals, can you fence the conservation land, or is it a wildlife only covenant? Many conservation easements are also allowable for agriculture and grazing land.
If you do want animals, do the covenents prevent building a small barn or garage? If so, that would be a deal breaker, since you need someplace, preferably away from the house, to store grains, food, and animals in bad weather. Other structures is a broad term, and I can't imagine a two acre property that can't have any sort of garage or out building in a rural area.
Good luck in finding your home. This may be it, or not, but it is worth doing the due diligence to get what you want.
I would be surprised if you can find less than 10 acres with absolutely no c&r. Those smaller lot have all been split off larger parcels, and the land owners that split them up usually at least restrict from re-zoning to commercial use, house trailers, etc. They don't legislate how to keep your grass or landscaping.
Animals are probably up to your county or township zoning laws which supersede covenants, FYI, if the covenants say nothing and your county says no and the neighbors complain, the law is not on your side.
If you are concerned you are settling, I would have a serious conversation with your agent as to if you are being realistic or not in your wants which may give you some reassurance.
We are in a similar situation. Found our dream house. Perfect newer-ish house in the historic district of our town that we are dying to live in. Put in an offer 1k over asking price and got out bid. Two weeks later they tell us the buyers are making some crazy unreasonable repair requests and the sellers might not go through with the deal. They have until midnight tomorrow to figure out hat they are doing before they are out of contract. So we find out Thursday if we get a second chance. It's soooooo hard not to get our hopes up, knowing most likely the house will not be ours.
House hunting totally sucks! And we are temporarily living with my parents right now...I want to move!
Post by undecidedowl on Jul 8, 2014 20:25:14 GMT -5
Aw, huge hugs. That does sounds disappointing. I agree with others to keep digging into all of the details to make sure this really wouldn't be your best bet. While doing that, you could keep going with your search to get an even better feel for what is out there. Good luck!
Also, while DH would call me a pessimist, I firmly say I am a realist. It's not a bad thing!