Buyer's Should Ask Even More Questions

There is nothing like having great intensions and then finding out later that your wonderful ideas are pre-empted by legislation or limits previously unknown to you.

My advice is to read your preliminary title report carefully to be informed of covenants, conditions, easements, rights-of-way, dedication requirements, deed restrictions, etc. Some examples are...

• Some areas have a height restriction perhaps even a one-story limit to avoid obstructing a neighbor's view.
• Some neighborhoods have a setback as much as thirty feet to keep neighborhood conformity. Some municipalities now require a ten-foot side setback on new construction as opposed to the original five-foot setback, which may still be allowed under a permit to remodel existing square footage.
• A façade or style of construction maybe mandatory to keep within the character of the neighborhood.
• There may be parking requirements.
• There may be a limit of how much square footage can be built based on the size of the lot.
• Fence height may be limited.
• The distance a fence or deck must be from the sidewalk maybe mandated.
• There may be costal commission approvals necessary.
• Certain cities will only allow a limited amount of building permits per street, per year. The Department of Building and Safety for the City will be the best source of information.
• There may be extra school taxes imposed or dedications required as a condition to the granting of a building permit.
• Easements are important to know about. Neighbors conceivably may have an implied right to cross over your property requiring you to keep certain areas clear and open, accessible and non-exclusive.
• Some driveways cannot even be used for parking; only for ingress and egress. Underground sewer lines and storm drain easements will limit ones ability to add-on or to add a pool. Have a clear picture of just where the easement sits to avoid future disappointment.
• Finally condominium Buyers have a host of other concerns. Ask about upcoming assessments, lawsuits and the condition of the roof, the elevator, the pool, the decks and walkways. Speak with the property management company and the Home Owners' Association President and Treasure both.

Many of these questions or concerns can be addressed by asking the property owner, referring to the preliminary title report or by speaking directly with a supervisor at city hall with the Department of Building and Safety. Occasionally your physical inspector may have insight to your questions as well but, in any event, your personal Real Estate Agent should be able to help you with any questions or concerns you have and should have access to the necessary information in one way or another.

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~~ This article was written by Ron Wynn - 8/2000 ~~

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