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Letter to the editor

Neighbors need well agreement to be in writing

By Benny Kass, Special to the Times
Published October 27, 2007

Q: Our neighbor is planning to drill a well and install an irrigation system. They have asked us if we would like to install an irrigation system and tap into their well and help pay for it. Our neighbors across the street have a similar arrangement. The neighbors on whose property the well is located pay for the electricity. The neighbors who tap into the well pay for repairs. That sounds fine, but what needs to be done to make sure this agreement and our ability to use the well continues if our neighbors decide to sell their house?

A: Have your lawyer draft a written agreement, spelling out all terms and conditions, and have that agreement notarized and recorded in the county where your neighbor's house is located. The agreement should also state that unless terminated by both parties, the agreement will apply to "successors and assigns." This document will be recorded against your neighbor's property. Recording this on the public record puts the entire world - and future buyers - on notice of your agreement.

Timing home sale and purchase

Q: My wife and I plan to move to Fort Myers in two years when I retire at age 62. On a recent house-hunting trip to that area, we saw lots of homes for sale. Please give me your advice on when the real estate slump will end so I can time my purchase and sale.

A: For many years, I had a crystal ball on my desk. Now, I have two and I still cannot predict the future.

There are a lot of properties on the market now and many motivated sellers. Are you able to buy a home now, before you sell your current home? You may be able to obtain a bridge loan on your home to enable you to buy your future home.

If, on the other hand, you cannot financially carry two houses, then you will have to sell your present house first. What goes around comes around: As a buyer, you may get a good deal, but as a seller you may have difficulty selling your current home for the price you want.

If you're not ready to move for a couple of years, you might try to find a buyer who will lease your home back to you for a couple of years. That arrangement might appeal to a speculator: Home for sale with guaranteed tenants. You can use the proceeds from the sale to buy your future home and rent that property until you're ready to move.

Check rules before putting up fence

Q: My neighbors bumped out their house from the back, which encroaches on the privacy we used to enjoy from our quiet back yard. Is it legal for us to put up a fence between our two houses to regain that privacy? This may partly block their view of the woods behind our houses.

A: Check with your city or county building department on the local regulations that govern fence construction.To keep a decent relationship with your neighbors, discuss your plans with them. They may even be willing to share the cost of the fence.

E-mail Benny Kass at benny@inman.com.

[Last modified October 26, 2007, 11:37:41]