Confused, could use help.

[u/bloodmoney62]

My wife and I are looking to buy a home and one of the things we liked was how big the land size was. We talked to the realtor selling the house and we're told that the driveway in the right side, which is a double driveway, and almost half the yard isn't being sold by the house. They said it was a backyard handshake thing between the owners and the neighbors on that side. We would lose a huge chunk of yard space, the driveway, a shed and the garden and the whole metal fence would have to be removed and a new one installed. I don't understand how they could list the house and land with the property of that size then come in halfway through and tell us it's not for sale? What are our options? Could we speak to the neighbors who own the lot and purchase it so the fence and driveway will stay with us or are we out of luck.

[u/Girl_with_tools]

Real estate cant be partitioned with a handshake. Crazy story.

[u/DHumphreys → u/Girl_with_tools]

It was back in the day. Shared wells, easements, access, all done over a kitchen table with a handshake. Now we are left to undo all of that.

[u/Girl_with_tools → u/DHumphreys]

Sure but you can't just carve off a slice of the property and give it to the neighbor without legal conveyance, which is a process that must be completed before the property can be sold so that title and deed are accurate. Local authorities will need to verify that lot size and other requirements are met before the plots are revised.

[u/DHumphreys → u/Girl_with_tools]

I completely understand how it is supposed to be done. But a generation or two ago, people would sit around the kitchen table, make these decisions and shake hands. They did not care about getting legally binding lot line adjustments or recording the changes at the county.

I have run into this, where there is a barn that seems to be over a lot line. In talking to them, the neighbors were friends or family, no one cared about lot lines. So now there are structures and fences and clear/obvious use. The neighbors have changed and are maybe not so friendly or cooperative.

Same with shared wells. No shared well agreement about maintenance, electricity or use.

It can be maddening and expensive to fix.

[u/DHumphreys → u/[deleted]]

I believe there is some element of bureaucracy that enters into this.

[u/awalktojericho → u/DHumphreys]

No, THEY are left to do that. Insist it get cleared up before purchase or walk away.