Surrender of Shared Alleyway?
Two gentlemen came to my house on Saturday and presented me an agreement of surrender and vacation. They purchased the lot next door to my house in May of this year and intend to build a house on it. They claimed that at one point there was a 2 foot shared alleyway between my house…
Two gentlemen came to my house on Saturday and presented me an agreement of surrender and vacation. They purchased the lot next door to my house in May of this year and intend to build a house on it. They claimed that at one point there was a 2 foot shared alleyway between my house and the house next door. Currently there is only a vacant lot present next to my house. My house was constructed in 2008. At that time (according to the two guys) our builder was granted a permit by the city to build on one foot of the two feet of alleyway between the houses. Now the gentleman wants me to sign the document surrendering the other foot of the alley away to him. My question is, is this document legally binding/legitimate? It looks like the work of an amateur to me. He also claimed that I would need to get my deed rewritten at my own expense in order to account for this loss of space. I’m just wondering if I do in fact need to comply with this man’s request, and If I do not what the ramifications would be. Thanks in advance for your help.
what a crazy story! don’t sign!
DO NOT sign anything! First off if you change the deed you will probaly void your original title insurance that was issued when you bought the property. This can cause major headaches when you go to sell. Secondly why can’t they also get a permit to build on the shared alleyway as your builder did? I would talk to your title company about this and if they pursue the issue a real estate attorney would be advisable.
Just tell him to go away, unless you like doing favors for people you do not know and who want you to pay for the favor. Sounds like a great deal for him.
Don’t sign a thing, and get a lawyer.
They could be asking you to sign anything — they could be trying to steal your house. Who knows.
It could be binding if you sign, though he might have already gained rights to the space due to other legal theories, like adverse possesion. Best advice is to have a RE Attorney take a look, they should not charge much for this kind of thing.
Get a real estate lawyer. If you have costs to accomodate the neighbor, make them pay the costs.
What does your deed say?
If it’s actually your space (meaning the alley is/was on your property) why give away anything? It is possible that the other owner may have an easement that would prohibit you from filling out the rest of the alley, but that doesn’t meen you should give away your property for nothing.
(I am not sure how your builder got authorization to take half the alley if such an easement exists, but that’s for another day.)
OTOH, it is possible that the alley is in fact divided up the middle between the two properties (with an easement for both properties). If your builder was allowed to eat into the easement up to your property line, it sounds like your builder tacitly conceded that there is no need for the easement. If that’s the case, it will be hard to deny the other property the same.
In any event, you should not have to pay anything for updating any papers.
I’m curious… when you post on the forum you choose Brooklyn, Philly or Both, but for readers there’s no way to distinguish (?). Perhaps this narrow alley arrangement is common in Philly. Even if it’s legit you want to be neighborly, is it unreasonable for the new neighbor to pay your costs?
“It’s only bureaucratic red tape and you can’t get hurt”
omp,
That’s very trusting of you, not having seen the paper to be signed. I have a bridge I’m selling up here in Brooklyn at a very reasonable price. Would you be interested?
Many Philly row homes were built with a small 2′ ally/easement between them.This ally provided access to the servants quarters in the back of the house without going through the front. Many people build over the ally to increase the square footage of their house, but the ghost of this ally still exists in the form of an easement on the deed. Since your house is already built over you side of the easement, you already have, in a sense,given up your claim to it. I suggest you give that poor guy a break and sign his unprofessional looking paper. It’s only bureaucratic red tape and you can’t get hurt.