If you intended to say "lot line" rather than "building lines," It means the house is encroaching onto property that belongs to someone else. To remedy this, you can attempt to buy however many feet you need from the landowner, move the structure so that it is entirely on the land, ask the title company if they can prepare a document to allow the transfer of ownership with the existing encroachment as is, cancel the contract, and/or consult a real estate attorney.

To all future readers,

The Building Line or Setback refers to the distance from the front, back, sides of your property lot. New construction and/or additions may not extend without permission by building codes, or by the local zoning ordinances.

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Mayor Howard Peak appointed Rudy Nino, CGR, as an advisor to the city on August 10, 1998, for the benefit of the city residents all the way till Oct 2008.

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Jeanna,

My suggestion is to contact your title company or a title company that you do business with and ask them for a reference to a real estate attorney. Most title companies know which attorneys know real estate and I think they can help you move forward.

After reading your post, I now note that it was a while back. Can you give us an update as to what happened?

Don Reser

I would think you will want the seller to fix that with the city BEFORE you close or go any further.

Otherwise at some point you may have a very expensive fix on your hands. The city could enfore the building line rule, especially if some other neighbor complains.

There was just a recent case in our city where the owner decided to build over the line and then apply for an exception. Buidling inspector said he would not consider exception until she tore down structure. Once that was done he would consider.

Jeanna,

Not sure what you mean by the building lines. If the home was not built on the property being sold, then it is on someone else's property and a real estate lawyer is needed.

If it was not built within the setback, then a variance from the jurisdiction is needed by the current owner prior to the sale.

QUESTION: How old is the survey? If it is not current, then a new survey is required. Also, if new, have you discussed this with the person who performed the survey?

Good luck

Dominick Dina

NOTE: This reply is not to be construed as legal advice.