Q-I’m preparing to sell a house and side lot, but the garage encroaches on the side lot. What options do I have to sell the lot separately from the house?
A-The obvious answer is to tear down or move the garage so there is no encroachment. A less costly alternative is to grant yourself the necessary easement to permit using the lot for your garage. The adjoining lot can then be sold with the easement granting permission for the encroachment. Make sure the easement includes the right of access to repair and maintain the garage. To be sure the easement is properly drawn and recorded, consult an attorney.
Q-What is the standard for designating a house’s room dimensions, as used by federal housing agencies and real estate companies?
A-Although my answer probably will generate some argument, there is no standard method for measuring homes or room sizes. When describing a room, the interior dimensions are relevant for laying carpet. Yet the total square footage of a house is greater than the sum of all room sizes because the closets are rarely considered and the space occupied by walls and halls is not measured except by architects and builders. The total square footage of a home is determined by measuring the exterior walls.
Q-The deed to our property prohibits the keeping of poultry. Now our neighbor has three chickens. We’ve lived here for years and no one has had chickens. I called the register of deeds about the covenant and he didn’t seem to know about it. Who puts such a restriction in a deed and who is responsible for enforcing it-us or the town?
A-The clause in your deed prohibiting poultry on the property is known as a restrictive covenant. It was placed there by the previous owner, probably the developer. When the property is sold, the covenant remains with the land and is transferred from the original owner to the subsequent owner.
Enforcing restrictive covenants is the responsibility of the landowners affected by it. To be enforceable, the covenant must be reasonable, not immoral or illegal and not contrary to public policy.
In your case, you might also check with your local government to see whether the keeping of poultry is prohibited by ordinance. If not, see your attorney to discuss the advisability and cost of enforcing the covenant.
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Have a question about real estate? You can write to George Karvel in care of the Chicago Tribune’s Your Place section, 435 N. Michigan Ave., Chicago, Ill. 60611. Answers will be provided only through the column.
