buying the land will be much easier, that is for sure.

Is a lawyer the best person to discuss this option with or should be be with the county?

in this case I think I would be talking to the builder of the other house and see if they are intrested on working something out with you. If they are willing, then it is time to get the lawyers involved.

If both properties are still owned by the developer being sold by douglas then ask them to resurvay the ajoining property line 3" over as the house is not sellable as is.

if they are still in that phase the 300.00 buck survay cost is probably no problem for the developer/agents to adsorb.

Steve

Actually after getting more information it turns out it's the roof which extends out too far, the distance between the actual foundations isn't a problem. According to the actual listing agent many houses in the community had the same problem but eventually they were passed without the need for modifications. He assured me that it will work out to my favor, just takes time.

I'm a little frustrated with all the misinformation and different stories so for now I'm just going to sit back and let them figure it out. I got two realtors and a lawyer working on it so if they want to get paid they have to make it work so I'm leaving it up to them. If it works out great, if not oh well.

I would ask for a copy of the real property report and review it yourself. if the roof is a little too far it should not effect the windows in any way.

I did some code looking today and it the wall was less than that 1.2m no windows are allowed at all. So you would have to the extra land or a protected opening.

Yeah I wish I could get a copy of the "real" report but it seems unreachable since I don't actually own the house. All I've managed to get is a few different stories and some copies of a few email correspondents between Permit Pro and Wheatland. I have a copy of the non-approved RPR but it doesn't actually state what the problem is, the dimensions on the RPR are listed as 1.19m and 1.15m but it's not clear if these dimensions are from the foundation or roof. If the problem is the roof I don't understand why removing the windows is the recommended solution.

if the seller knows of a problem they have to provide full disclosure of that problem by law. so I would ask your realitor for a copy of the report under the premis of disclosure. if they won't provide one tell them your walking as what else is wrong that there hiding.

Steve

I don't believe they are hiding anything, I just don't think they really know the exactly what the problem is. It's one of the issues with dealing with a foreclosure, the builders would be more up to speed but they can't be reached and don't really exist anymore.

I'd be asking for it for the sake of principle.

When our neighbours bought their home they were encroaching on our property (their shed, fence, deck, hot tub) and we went through the lawyer circus as they wanted us to sign an encroachment agreeement AND sell them the strip of land they're stuff is on. Long story short their lawyer was a douche and we said no more, refused to sign anything, and said we want their stuff off of our property. The reason we didn't sell to them the 5" strip that our neighbours needed was because they sent their cranky lawyer over first rather then coming to talk to us directly. Those same neighbours are trying to sell their house right now with little success because of this issue.

Save all that stuff you've gotten so far because this may sort itself out now, but when you go to sell it may pop back up.