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danielcarrei7 · Jun 2, 2009, 03:31 PM

I'm in the process of buying a home all was going well until the day before the closing I found out I couldn't close because my chimney was 4 in on the neighbors land I was planning on putting a second floor on the home but does it have to be a certain amount away from there property line or there house PLUS they need to sign an easement that our chimney can stay as it is

Home is in south dartmouth mass

ballengerb1 · Jun 2, 2009, 04:01 PM

What exactly is you question? Your city or county requires side and back set back and this should have showed on new and previous surveys.

danielcarrei7 · Jun 2, 2009, 04:59 PM

What my question is will it affect me from putting a second floor since my house (chimney is on his property) will that be to close to his property line or does it go on how far your house is from your neighbors I had the land surveyed but they didn't say anything about that and I went to the town building inspector haven't hear back

Fr_Chuck · Jun 2, 2009, 05:03 PM

Normally new construction has to have a certain set off from the property line,
But if you are not changing the foundation merely going up within the same foot print there should be no difference.

For the fireplace, you may have to remove it, if you can not get a change in it. *** have you had a second survey done to check the property line

ballengerb1 · Jun 2, 2009, 05:15 PM

Did any survey show the chimney was not on the property?

SailorMark · Jun 2, 2009, 05:47 PM

First, your realtor should be able to tell you what the setback rules are for your community and whether there are any covenants that would prevent you from adding a second floor. Second, the seller needs to fix the chimney issue, not you. If it were me and they wouldn't fix it, I would walk and demand my earnest money back.

danielcarrei7 · Jun 2, 2009, 06:41 PM

The seller will have to fix it we sighed the purchas & sales they have 30 days they are asking the neighbor to sign an easement I've talked to the neighbor he said that he wasn't going to move his fence that close the house but he is going to eventually move it over 2 feet so that will leave me 2 feet form the side of house to his fence technically he owns 4 ft down the right side of the house and yard I just though if he own the property right to the side of the house that would be to close for a second floor basically if he wanted he could move his tight against the house the town would says that it is to close to the line and my realtor doesn't seem to know much of anything the neighor even says that the residents have to vote if we wanted to do a second floor and the land was survey twice I have know idea why the survey it a day before the closing the fha place really sucked too

ballengerb1 · Jun 2, 2009, 07:42 PM

You are not getting the answers from the city or the real estate guy. If there is a vote there must be some home owners association involved or something along those lines. This property is a mess and I'd walk on this deal. You can't build on a lot line let alone over the line so this is messed up beyond anything that should have been allowed. Get while the getting is good.