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  1. #11
    Join Date
    Feb 2020
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    13

    Default Re: Info on Promissory Estoppel

    Quote Quoting budwad
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    All is not lost if you can get your in-laws to at least sell you a portion of the neighboring lot. In Alabama (as in most states) this is called a minor subdivision where no new lots are formed and you are only adjusting the lot line (property boundary) between lots. In some states it's called a lot line adjustment. It is governed by statute of the state and the county and the local jurisdiction in the subdivision ordinances.

    So check your local jurisdiction's ordinances for a minor subdivision or lot line adjustment. Then offer whatever you have to as inducement for them to sell you a sliver of land so your home is entirely on your property and meets all the zoning requirements for side yard setbacks.

    And if your in-laws agree, you will have to apply for a minor subdivision, get it all surveyed, and go through the application process. It's not going to be cheap but far less than moving a home or walking away.

    We are trying to work with them but they won't respond. We are going to have a lawyer send them a letter asking to either sell us the 10 acres we have been paying on, or give us our money back, and to sell us 25ft off the property line. From what I have been advised on here and over the phone, they seem to have full control. I may be having to ask some questions on foreclosure.

  2. #12
    Join Date
    Nov 2013
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    6,708

    Default Re: Info on Promissory Estoppel

    It hasn't been mentioned but keep in mind that your in-laws can't sell their property either with the encroachment of your home on their land. That makes foreclosure a very complicated option from the lender,s point of view and your in-law's point of view.

    From what I have been advised on here and over the phone, they seem to have full control.
    I don't think so. If your attorney were to file suit and record a lis pendens, then both you and your in-laws are in the same boat.

    What rift between you and the in-laws caused this? Just curious.

  3. #13
    Join Date
    Feb 2020
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    13

    Default Re: Info on Promissory Estoppel

    Quote Quoting budwad
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    It hasn't been mentioned but keep in mind that your in-laws can't sell their property either with the encroachment of your home on their land. That makes foreclosure a very complicated option from the lender,s point of view and your in-law's point of view.



    I don't think so. If your attorney were to file suit and record a lis pendens, then both you and your in-laws are in the same boat.

    What rift between you and the in-laws caused this? Just curious.
    I need to do some research on lis pendens then! As for what caused this, it all started last Easter. My wife and her dad got into an argument. He then proceeded to hit my wife in the face 3 times(I physically seen this happen). I shouldíve beat him to death but tried to calm everyone down. He then told us we canít buy the land that our house is sitting on. He also wonít finish the sell of the 10 acres that we have paid 26k on. Of course, we have nothing in writing on either one.

  4. #14
    Join Date
    Oct 2014
    Posts
    7,729

    Default Re: Info on Promissory Estoppel

    Quote Quoting Kramer35045
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    I need to do some research on lis pendens then!
    A lis pendens is simply a notice filed where deed records are kept that a lawsuit relating to title to property has been started. It acts as a notice to those who would buy the property that ownership of it (or some part of it) is in dispute. This means that a lis pendens is only proper to file after a lawsuit that affects title to the property has itself been filed.

  5. #15
    Join Date
    Feb 2020
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    13

    Default Re: Info on Promissory Estoppel

    Quote Quoting Taxing Matters
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    A lis pendens is simply a notice filed where deed records are kept that a lawsuit relating to title to property has been started. It acts as a notice to those who would buy the property that ownership of it (or some part of it) is in dispute. This means that a lis pendens is only proper to file after a lawsuit that affects title to the property has itself been filed.
    No sense in a lawsuit if we have minimal chance of winning. Just have to walk away from it.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,708

    Default Re: Info on Promissory Estoppel

    Quote Quoting Kramer35045
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    No sense in a lawsuit if we have minimal chance of winning. Just have to walk away from it.
    I don't understand your mindset. You build a home and you are willing to just walk away? Doesn't make sense unless there is something you are not telling us.

  7. #17
    Join Date
    Feb 2020
    Posts
    13

    Default Re: Info on Promissory Estoppel

    Quote Quoting budwad
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    I don't understand your mindset. You build a home and you are willing to just walk away? Doesn't make sense unless there is something you are not telling us.
    Last thing we want to do is walk away from the house. However, the house is sitting 5 ft on her parents property. Yes, we shouldíve had something in writing, but who have thought this would happen? Like I said, he physically hit her and since that day it has been hell. Can you blame her for being upset and not wanting to talk to them? They have had over 8 months to fix this and still havenít. The fact is, if we canít workout some kind of deal, why would I continue to pay for a house that I donít fully own? Thatís why I am trying to find an angle we can use to be able to get some relief from the property line. I understand the law is the law and itís on us for not having it writing. I was just hoping we had an angle but looks like are angles arenít there. Believe me, Iíd love for this to work out and this post be nothing more than a valuable lesson for people......get it in writing.....family or not!

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