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All Forum Posts by: Joshua Hardy

Joshua Hardy has started 10 posts and replied 66 times.

Post: Property owners dispute need advice on denying my neighbor rezone

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

Title insurance claim... bummer cause I didn't purchase any.  In fact my title search only covered the land, not the easement... which frustrated me when closing came, but there is no dispute on the ownership of the easement, but even if I had purchased title insurance it wouldn't have covered the easement.  

But I do appreciate the creative approach, and will hold onto the strategy in case I need it in a future deal.

Post: Property owners dispute need advice on denying my neighbor rezone

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

@Jim Y. My property tax values would probably not lower, probably would raise since they would be next to a commercial zone... which in commercial zones are taxed higher.  

The shared driveway would experience traffic in the mornings and evenings, conceivably other times as well, it would be a storage facility for tools and vehicles.  Suing based on breach of quiet enjoyment of my easement sounds interesting, do you know how that would work?

There are requirements for him to build fences around his building.  He doesn't intended to run water and sewer to the building, and electric is easily available for him, as the electric line runs right through the back of my property, and close to his planned building site. 

Post: Property owners dispute need advice on denying my neighbor rezone

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

Guys, thank you for your responses.  Currently the driveway is unpaved, however I was planning on having it paved after our home construction finishes.  

The re-zoning is not a done deal.  The county commission has approved it, and recommended it to fiscal court.  Fiscal court must 'read' and approve the recommendation, twice.  Today it was 'tabled' so the first reading hasn't even occurred yet.  The county attorney advised me of how quickly I need to act to put in an objection, and what steps are required.  The planning department also was assisting.  It seems that the fiscal court may deny the re-zoning request. 

Post: Property owners dispute need advice on denying my neighbor rezone

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

Warning, Wall of Text. 

Too Long Didn't Read: I own a half acre lot which is an island inside of a 23 acre parcel.  My neighbor is trying to rezone 3 acres for his HVAC business as storage which his employees would go to and fro.  I don't want this to happen.  I would like to buy him out, and prevent him from rezoning.. however I don't want to cause a problem with my neighbor if the fiscal court still approves his rezoning request, if I were to actively try to prevent it.

Hello everybody, I hope this is the place to post this.  I own a kind of odd lot, basically it's a 100 by 200 feet lot, that is 150 off the highway.  The lot is an island, (or an enclave), I have a deeded right of way that allows me to go on the driveway to my property.  This deeded access also includes that I am to maintain the driveway.  The 23 acre parcel that my lot sits in is completely undeveloped.  The lot got created a long time ago, probably bank financed the house, and the previous land owner seller financed to the guy in the house, however it all must have fallen through.  The house was burnt down in 1989, and prior to my purchase of the lot last year had lied dormant.  

I have cleared out the property and began construction (with appropriate permits) of a single family home.  In January of 2016 my now new neighbor bought the 23 acres, with the intent of putting up a storage building for his HVAC business.  However the county won't allow employees coming and going from the storage buildings for commercial purposes with the existing zoning of Agricultural.  My neighbor has requested a re-zoning of 3 acres, which borders my property on three sides.  And his plans were to extend the existing driveway back to his parking lot and building area.  


I don't want to share a driveway, much less have the ag land changed.  So I went to the zoning public hearing and requested they deny the rezoning request, but at the very least add a binding element for a separate access point.  They approved the rezoning request, but did add a binding element that he had to ask permission from the KY department of transportation, however if they deny his access point request then a shared access point would have to be used.  I read this as they would have to create a separate driveway.  However In fiscal court this morning I was told that was not the case, that the language that is written does not require a separate driveway to be created in the event of a denial of a separate access point.  In fiscal court I was told my options for requesting a denial, and they also held back the first reading of passing the zoning change until the next meeting.  

OKAY, sorry for the wall of text. Basically I am wanting to buy my neighbor out, however he doesn't want to sell.  He thinks he got a great deal (which he did).  He bought the 23 acres for 70K.  Of course he has had to pay for surveyors and for zoning hearings.  I would sell, however I'm in the middle of construction, and I have sentimental value to the property, also it's in a great location.  Plus my strategy is buy and hold.  But I would want somewhere close to 60K+ if I were to sell... In the current condition it is... which it really isn't worth that much(I don't think).  

Should I continue to fight the zoning change?  Should I call my neighbor up and ask him to buy again?  He wanted to know a price on my lot, which at one time I offered to sell to him (prior to getting building approval) for 15K, however he wanted to low ball and offer me 7, and then reluctantly 10K.  I obviously now want more for the lot, but don't really want to sell it, but would be willing if the offer was extremely high... but I am not going to give a number first, that breaks the rule of Roger Dawson's book on power negotiating.  

Anyways, what do you guys think?  Thanks for any help.  

Post: Tiny House Success and Expansion Report

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

@Leigh Ann Smith I love the concept!  I have had similar thoughts, it's cool to see it's working out pretty well for you!  You have such a lovely spot, I can see why people would be willing to travel a ways to come check out your place and your tiny homes.  Have you had any problems with the county or any nearby cities as far as having 'multi-family' rental properties on your land?  Or is it zoned for campgrounds?  

Post: Seller is leasing new construction duplex under market value!?!?!

Joshua HardyPosted
  • Rental Property Investor
  • Bowling Green, KY
  • Posts 66
  • Votes 24

Hey @Cody Campbell, I'm new to Bigger Pockets, but been listening to the podcast.  I see that you are also in Bowling Green, KY, cool man.  Anyways, I too am interested in new construction and renting them.  How do you figure the current market conditions of 1500/month for a 3/3 duplex?  That seems really really high to me. (and maybe only one 'really', given the premium upgrades), but  1125 seems pretty reasonable. 

And what do you mean you had to tun down the verbal lease agreement he made.  What do you mean this foiled the deal?  Seems like if you are working off a 1% rule, then he should have charged 1250...  So that works to 1500 mistake for the first year?  Does he not have a written lease for the 1125?