All Forum Posts by: TJ H.

@TJ H. Sell for the price that makes sense to you. Write anything you want into the contract (salvage, etc.) Developed areas generally have requirements for storm water drainage. You can call the municipality to find out what those are. If you get a premium on the sale you may be able to buy something else and offer your current tenants first opportunity.

@TJ H. Here’s a fun story that I just found fascinating. This took YEARS and I’m sure cost lots of attorney fees (which were likely reimbursed in the settlement) but just a interesting story. https://www.google.com/amp/www.orlandosentinel.com/news/orange/os-westgates-pays-widow-15-million-20171218-story,amp.html

TJ H. - Mike B. Has some good advice. Work with your neighbor to come to a joint agreement and ask for like 50% above market value or some other semi reasonable premium. And don’t budge. And they’ll probably give it to you. If your neighbor offers to sell and you are a maybe, your stake could suddenly be worth even more if the developer really needs it. They’ll lowball you first. Read about making the first offer in a negotiation. They’ll try to anchor you low.

I’m surprised you didn’t learn about this apartment before. If the high rise developer had your land at the beginning, they can request to build higher or have more units in the initial zoning and planning.

@TJ H.  - as noted above, and I can say since i own/rent philly places... YES developer must have his sump pumps and ALL drain lines (including from roof) run into public sewer line.  That's a code requirement.  Many new builds in philly, if you'll notice, MOST of them have a drain line right in front of the property (collects water from roof via gutters, and drains in front of building because that runs into main sewer lines). 

I also agree with others.. would determine what your property is worth, add a large (but not insane) premium and ask that.  For example if your duplex (that you own) is worth $150K at most, given recent comps, then I would think it's fair to ask $225K (I assume builder will talk you down) and you do a private sale (avoid realtors costs) and perhaps settle at a $200K sales price. 

Good luck!

You may still learn more by talking to the building dept about the plans...approved design, any proposed changes, etc.

Originally posted by @TJ H.:

Originally posted by @Michael Randle:

I would second @Wayne Brooks about him not being able to pump directly onto your property. And I would have to disagree with your neighbor about not having any recourse. 

The idea that his bad engineering and planning would allow him to pump water onto your property is kind of stupid. It would be like you saying, "Well, I do not want to fix the sewer system, so I am just going to pump it onto the back of my property in such a way to guarantees it flows into your high rise area." Now that is the more common sense idea on the situation but we all know how well laws are written so talk to a local attorney. $300 for piece of mind isn't that bad.

I personally would not let the implied threat of him flooding you out affect your decision to sell. If you want to keep the property and you are worried talk to a lawyer and see if you have recourse if he does flood you. If not try to get an injunction to stop construction from a judge, up your flood insurance, there are a few different ways to deal with the situation or the blow back in this case.

To me is sounds like the builder made a error in his engineering plans, and he knows it. Due to that he is attempting to talk to both of you in an effort to avoid legal hassles. I might be cynical when I say this, but do you really think if this problem wasn't going to legally affect him down the road he wouldn't just be moving forward? He messed up, he knows it, and he is attempting to fix it so he doesn't get tied down in courts for (possibly) years on end.

That being said this sounds like a possibly amazing opportunity for you, its like your duplex just appreciated in value considerably faster than the entire city.

Unfortunately his plans have been approved and they've started some digging already. I'm guessing there's more to the story than what my neighbor told me. Else how can someone get their plans approved if their plans overlap our properties.

But thank you so much for your input. Appreciate it!

Its the philly area, enough money in the "right" pockets and they could get permission to do anything, anyplace... I would sell and move on

Originally posted by @TJ H.:

Originally posted by @Michael Randle:

I would second @Wayne Brooks about him not being able to pump directly onto your property. And I would have to disagree with your neighbor about not having any recourse. 

The idea that his bad engineering and planning would allow him to pump water onto your property is kind of stupid. It would be like you saying, "Well, I do not want to fix the sewer system, so I am just going to pump it onto the back of my property in such a way to guarantees it flows into your high rise area." Now that is the more common sense idea on the situation but we all know how well laws are written so talk to a local attorney. $300 for piece of mind isn't that bad.

I personally would not let the implied threat of him flooding you out affect your decision to sell. If you want to keep the property and you are worried talk to a lawyer and see if you have recourse if he does flood you. If not try to get an injunction to stop construction from a judge, up your flood insurance, there are a few different ways to deal with the situation or the blow back in this case.

To me is sounds like the builder made a error in his engineering plans, and he knows it. Due to that he is attempting to talk to both of you in an effort to avoid legal hassles. I might be cynical when I say this, but do you really think if this problem wasn't going to legally affect him down the road he wouldn't just be moving forward? He messed up, he knows it, and he is attempting to fix it so he doesn't get tied down in courts for (possibly) years on end.

That being said this sounds like a possibly amazing opportunity for you, its like your duplex just appreciated in value considerably faster than the entire city.

Unfortunately his plans have been approved and they've started some digging already. I'm guessing there's more to the story than what my neighbor told me. Else how can someone get their plans approved if their plans overlap our properties.

But thank you so much for your input. Appreciate it!

Their original plans probably did not overlap with your property. But while they where digging (example) they found something that is affecting those plans, ie water coming onto your property while the original plans had it going somewhere else. Now they have to amend those original plans and possibly have the project delayed or shut down since it will affect your property. So instead they are trying to nip this in the butt when they submit the plans by saying, "Well now we have to pump our waste water into this property due to X, but we have bought that property so it will not affect anyone."

The price you can get will be a direct function of how badly the developer needs your property.  Try to gather as much intel as you can.  If you do decide to sell, you can keep whatever you want out of the property as long as you detail it in the contract.  This could be a good opportunity, just don't sell yourself short.  Good luck.

I would second @Wayne Brooks about him not being able to pump directly onto your property. And I would have to disagree with your neighbor about not having any recourse. 

The idea that his bad engineering and planning would allow him to pump water onto your property is kind of stupid. It would be like you saying, "Well, I do not want to fix the sewer system, so I am just going to pump it onto the back of my property in such a way to guarantees it flows into your high rise area." Now that is the more common sense idea on the situation but we all know how well laws are written so talk to a local attorney. $300 for piece of mind isn't that bad.

I personally would not let the implied threat of him flooding you out affect your decision to sell. If you want to keep the property and you are worried talk to a lawyer and see if you have recourse if he does flood you. If not try to get an injunction to stop construction from a judge, up your flood insurance, there are a few different ways to deal with the situation or the blow back in this case.

To me is sounds like the builder made a error in his engineering plans, and he knows it. Due to that he is attempting to talk to both of you in an effort to avoid legal hassles. I might be cynical when I say this, but do you really think if this problem wasn't going to legally affect him down the road he wouldn't just be moving forward? He messed up, he knows it, and he is attempting to fix it so he doesn't get tied down in courts for (possibly) years on end.

That being said this sounds like a possibly amazing opportunity for you, its like your duplex just appreciated in value considerably faster than the entire city.

What value are we talking here...$100-150k? I would think if it solves his problem, you could probably get a 50% premium.  As for “his sump pump discharge flooding your property”, I don’t think he would be allowed to do that and you would have recourse.  I would think his discharge would have to go directly to the storm sewer system, as per permitting design, but I don’t know how that works in your area.

If you could trade up to a better property, I’d certainly look at it.

You might want to go down to the building dept and look at his plans, assuming it is that far along.