Jeanna Marti…,  in San Antonio, TX

My client is purchasing a house in San Antonio, Texas. We just got the survey and it indicates that the house

Asked by Jeanna Martinez, San Antonio, TX Wed Oct 8, 2008

My client is purchasing a house in San Antonio, Texas with plans to remodel it and re-sell. We just got the survey and it indicates that the house extends beyond the building lines. What does this mean for my client?

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5
Bruce Lynn, Agent, Coppell, TX
Thu Oct 9, 2008
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.
Web Reference:  http://www.teamlynn.com
1 vote
Maria Morton, Agent, Kansas City, MO
Wed Jul 8, 2009
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.
0 votes
Rudy, , San Antonio, TX
Wed Jul 8, 2009
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.

After being part of The City of San Antonio HOME IMPROVEMENT ADVISORY BOARD
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.

Rudy has over 33 years of experience in all phases of construction including sales, estimating, planning, production, and business management. His diverse experience in remodeling and his business skill have made him a leader in the field.

Rudy has received many awards during his career and his remodeling work has been showcased by several prominent trade publications. He has been recognized for his participation in the ‘City of San Antonio Home Improvement Advisory Board’ since 1998, the ‘National Association of the Remodeling Industry’ (NARI), and the ‘Greater San Antonio Builders Association – Remodelors™ Council,’ having the position as the local President for two consecutive years and two years as the VP of Membership. He is a ‘2003 Charter Member’ and member of the ‘Board of Directors’ in the NARI San Antonio Chapter.

Rudy Nino, CGR teaches and delivers seminars in several home & garden shows, business schools, and trade shows in San Antonio & Austin on topics such as: ‘Ten Things Your Contractor Does Not Want You to Know.’ He frequently consults and speaks on radio and TV shows dealing with subjects about your home. He can be reached by calling him at: 210-499-4694
0 votes
Don Reser, Agent, San Antonio, TX
Mon Mar 2, 2009
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
0 votes
Dominick Dina, Agent, San Antonio, TX
Thu Oct 9, 2008
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.
0 votes
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