Real Estate Q&A: Can we build another house on my side yard? What can neighbors do about hoarder’s unkempt home?

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Real Estate Q&A:

Can we build another house on my side yard?

By Gary M. Singer

Question

My property’s large side yard is more than big enough to fit another house. I want to deed part of my property to my son so he can build his home there. Should I get my mortgage lender’s permission to transfer the vacant land? Is there anything else I need to do? – Gregg

Answer

If you live in a community association, you probably cannot do this because of the various restrictions over the entire community. Assuming you do not, you will need to jump through several hoops.

You have thought of the first one, which is getting your mortgage lender’s approval. You will need to contact your mortgage lender and explain the situation. Even though that side of your property is just vacant land, it still has value. Your lender may want you to pay down your loan enough so your remaining property’s value is greater than the remaining loan amount.

If you skip this step and don’t get your lender’s approval, you will have breached your mortgage agreement, and the lender could take enforcement action, even including foreclosure. Another reason you need to clear your existing mortgage from the property you are giving your son is because the lender giving him a construction loan will want their loan to be in the first lien position.

You will need to get the approval of the municipality and county you live in. The remaining two lots both need to be big enough to meet zoning requirements, and you will also need to make sure no deed restrictions affect the minimum lot size in your community. You will need to get the property appraiser’s approval to split your land into two distinct legal parcels. To get this done, you will likely need a detailed land survey and a title search.

Real Estate Q&A:

What can neighbors do about hoarder’s unkempt home?

By Gary M. Singer

Question

A resident of our community is a hoarder and does not maintain his home. We are concerned that the condition of his home will attract pests and cause other problems. The association’s management company sent him letters, but nothing came of it, and the problem is getting worse. Can anything be done? – Brett

Answer

Dealing with this situation is difficult for everyone involved, including the community association. Your community manager can send demand letters, issue small fines, and seek an injunction in court if things get bad enough.

An injunction is a court order requiring or barring a specific action. For example, a restraining order is a type of injunction. Even if your association files suit and is granted an injunction, it will be difficult to stop the resident from continuing the compulsive behavior.

Further, hoarding often stems from a psychological condition, bringing state and federal fair housing laws into play and requiring that reasonable accommodations be made. The first step is to try to help the individual with their issue and contact family members for assistance. If this does not work and your community must sue, be prepared for a long and frustrating process, both in getting the injunction and enforcing it.

If the situation gets really bad, for example, if pests are being attracted to the home or the property is becoming dangerous due to lack of maintenance, you should seek the help of your local health and building departments.

This is a complicated issue, and I strongly recommend getting the assistance of an experienced attorney to help you navigate the many pitfalls and challenges caused by this situation. Unfortunately, some problems do not have an easy solution.