Friday, October 29, 2004

received affidavit

Friday, October 29

Today I received a copy, via snail mail, of the affidavit Jim had sent to the L neighbors. I must say... it sounded pretty darn impressive. He definitely made it sound legal and professional.

Thursday, October 28, 2004

Closing postponed, soil test

Thursday, October 28

Due to issues with the L neighbor, the closing for the land has been postponed, until we have a signed and returned affidavit from the neighbors. Jim sent me a snail mail of a copy of the affidavit. He said he tried to make it sound as legal as possible. He wanted to take Tim and I out of the equation and so that, if the neighbors are agitated, they'll be at Jim and legalities, not us.

On another note.... talked to Tim... he said he heard back from Barden and apparently the town requires a soil test for new builds. This sucks, considering we were hoping not to need it to save 1000. Oh well..... better be safe than sorry I guess.

Wednesday, October 27, 2004

others advising affidavit

Wednesday, October 27

Jim has talked his colleagues, Beck (lawyer) and Joe (Title guy), that feel the same way about getting an affidavit signed.

Joe advised that either a new survey be drawn, including birdhouse..... or have the neighbor sign an affidavit. He also stated that if they had done it 15+ yrs prior, he's advising not to buy, due to adverse possession. Though... I don't think it looks like they had done it that long ago. The grass looks new, as well as the birdhouse and baby tree.

Tuesday, October 26, 2004

Funding paperwork

Tuesday, October 26

I received the all the paperwork (contract for construction loan) from the Funding company today via snail mail.

Wednesday, October 20, 2004

Jim advised an affidavit

Wednesday, October 20

I talked to Jim today about the neighbors' encroachment. He said that would talk to the sellers lawyer and see if he knows anything about it. He also said he would set up an affidavit, have them sign it. It will state that they weren't claiming the land as well as asking them to remove the birdhouse and any other items they have put on the property.

Sunday, October 17, 2004

looked @ L neighbor (problems)

Sunday, October 17

Well now... this could be a problem. At Jim's request, I checked out the neighbors landscaping to see how close it is. Well... it's not just close... it's encroaching prob about 25-30 feet on the property.

As Mom, Dad and I were driving past, we were looking for the placement of the utility poll, which was the landmark for the edge of the property. To our surprise, the poll is waaaaay before where I thought it was. When eyeing it, it's obvious that the neighbor was mowing at least 25-30 feet (pie shape) of the property.... probably cut down tress, even put up a birdhouse on a poll and planted a baby tree.

Oh... it gets better.... It looked as though they had extended their house at some point and put a bay window on the north side. This could present a problem due to it sticking out only maybe 1-2 feet from property line. I find it kinda amusing that anyone would want to build a bay window on a north side of house anyways, but maybe they wanted that room dark.

Anyways.... according to the survey... the properties are not rectangular and actually are kind of parallelograms and not perpendicular to the road. So basically the neighbor was trying to straighten out their property, either knowingly or ignorantly. Either way, it was evident that no matter how this turns out, it will probably be a touchy issue for yrs to come.... esp after we start building.

Friday, October 15, 2004


Friday, October 15

Jon, from the Funding company, who's partnered with our builder, called around 9:50am. He gave me the lowdown on what I'll need for the approval to move forward with the appraisal for the construction loan. Damn.... it's a lot of stuff he'll need. It's a good thing I'm fairly organized. Next step will be to get the approval and appraisal.

Thursday, October 14, 2004

Look into Lt neighbor

Thursday, October 14

Talked to Jim. He gave me an update and a list of things to take care of:

Title exam is done

Look into L neighbor about position of landscaping before Tues
-Options about if they are encroaching:
-Affidavit - issue a legal doc stating they are not claiming land
-just eliminate landscaping
-Adverse Posession - after 14-15yrs you can claim land