A personal blog on the battle of the buldge!

Tuesday, July 10, 2007

a little more rested ...

So after going to bed at about 8:30 last night I do feel quite a bit better today, not 100%, but better. It will definitely be another early night tonight. I can't wait to get back into my routine, I don't think I have taken the dog for a walk in a week!




Looks like we will probably be going to court soon! I don't know much about lawyer/ house buying hoopla but I will try to give you a little history first .....
So in Sept of 2005 we bought our first house and the previous owner did not get an RPR (Real Property Report) before listing it, our lawyer said he didn't need one but we wanted one (just in case). This report lets you know if any of your property is over property lines or not where it should be. Well our lawyer was able to get us the house without this report but then about 2 weeks after being in the house Epcor came by to do a survey of the property only to tell us that the shed that is attached to the back of our garage is on their Utility Right of Way (or something like that) and needs to be moved. This wouldn't be an issue IF the shed wasn't attached to the garage. Epcor also told us that the garage eaves is hanging over the right of way as well and we may need to move the garage. Well our garage is quite large, I don't think we would be able to move it without causing damage to it! ?
So anyway -- long story short, it is now 2007 (almost 2 years later) and our "shed" issue is still not settled. Yesterday we got a letter in the mail that pretty much says they were not able to get any type of encroachment for the shed OR the garage eaves and that the other lawyer was willing to give us the $1000 that he withheld from the sale of the house two years ago. Well $1000 won't even buy us a new shed never mind re-side the garage (where the shed was) or pay for dump fees. Never mind the issue on the garage now!
I hated house shopping and don't think I ever want to go through this again, but IF we ever do, I don't want to have to deal with this shed and garage issue then. So we need to deal with it now so we aren't the ones that pay for it later. I feel that the previous home owner is responsible for anything that did not comply because she never got the RPR in the first place and signed the papers saying that everything was where it should be. So now we are on the hunt for a good lawyer cause the one we were using for the sale of the house (recommended by our real estate agent - friend of the family) SUCKS! I refuse to use him any longer then we have too and don't feel that he would do a very good job at getting us what we want anyway! ?
Worst case scenario would be that we have to tare the garage down and rebuild a new one. I know it's kinda weird but one of the main reasons we bought the house was for the garage (I know for a fact that was the ONLY reason why my hubby wanted the house) so IF we have to rebuild I don't believe that we will be able to rebuild the same garage we have now (it would have to be smaller) and that would be no good! Not only would we loose equity on the house but my hubby would be very upset about that! The shed is kinda a minor thing compared to the garage issue except for the fact that it would cost us money out of our own pocket to re-side the garage ($1800). The thing that pisses me off the most is that the previous home owner is denying the fact that the shed IS attached to the garage and she is recommending that we use the door from the shed to fill in the hole that goes into the shed from the garage (but there is n door - cause the shed is attached to the garage, you have to go through the garage to get to the shed). If the shed was in fact NOT attached to the garage why would there be a door going into it from the garage!? We can easily prove that it is attached and we have already sent pics to our idiot lawyer that show how it is attached so it's not a big deal it's the principle of it that pisses me off, how can she deny it and act like we added this after the sale of the house!? Grrrr -- I hate house shopping !! I hope this doesn't drag on for another two years, I would really like to side the garage this year so it matches the house! ?

2 comments:

Denise Potter said...

that all sucks so much!

I hope you nail her to the wall. The shed is clearly not only attached to the garage but is old!!! The wood is like grey! How could it be only 2 years old! Any duffis could see that!!!

Get a good lawyer who deals with this sort of thing.

Earl's mom would proply know some one, since she is a law secratary. Do you want us to ask her for a name and number?

Chris H said...

Bummer eh? Next time, if there is, you will know all the pitfalls of buying, and make sure you get an RPR eh? Hope it all works out for you.