SET BACK PROPERTY LINES DEFAULT. HOW TO PROCEED?

[Laurence Obi]

I am about closing on a really good deal. I only found out yesterday from the survey that the home lies a few yards outside the set back property lines.

Does anyone on here know what the consequences of this are and how to mitigate?

Please help needed.

Thanks in advance.

[Kenneth Garrett]

@Laurence Obi

There are two typical scenarios you have in this case.  

1. The property is non-conforming which means; when it was built the rules were different and it complied at the time, but the rules changed and now it’s out of compliance very common occurrence.  You are ok.

2. The property is under a zoning exception (zoning variation) and is legal as built.

A third option was someone made a mistake when it got built and it never got corrected.  In any of these situations there is no reason the title company won’t proceed.  That have an exception in the title regarding the encroachment issue, but it shouldn’t prevent you from closing.

The worst case is if the building were to be destroyed by fire or other means (usually the 50% rule is applied) the rebuilding would not be allowed unless in compliance with setbacks.  Most cities have this rule.