He have a strip of common area behind my house and the 2 houses adjacent to it. It is trapeziodal in shape and probable 35 feet at the widest part, 10 and the narrowest and 50 yards wide behind the 3 houses. It backs up to a flood plain because of a small creek 50 yards down the hill.

This area is defined as "common area". We are seeking to purchase this area(like 35ftwide side X 22feet small side X 35feet long)(our neightbors would like theres also) and were told that we could not because they needed a certain percentage of common area for the development. The only way to get to it is through our 3 yards or from the woods. We live in Union county, NC, city is Indian Trail. Does anyone know the legal definition of common area and also what the law is the dictates the needs for a % of common area. (Or any resource that could answer)

They have also never mowed it or maintained this area, not that that matters other than to further irritate them not wanting to sell this. Our house is on a very small lot and this would double our backyard size and give our dog a great area if we fenced it in.

1/15/2007 6:25:11 PM

My new place is the same way. About 6 houses are going to surround a plot of land about 1/4 acre. Some of the lots couldn't even have patios even they were big enough because they were told a certain % of the area has to be undeveloped.

1/15/2007 9:16:54 PM

I don't think there is any requirement for common areas other than what is in the neighborhood bylaws. Also, don't your neighbors control the neighborhood association? All you have to do is talk your neighbors into it, which shouldn't be hard b/c they would probably never need to pays dues again thanks to the proceeds.

[Edited on January 15, 2007 at 9:35 PM. Reason : ?]

1/15/2007 9:33:28 PM

Random thought of the moment, in some places there are rules/statutes governing how close to a creek/stream/lake/river land can be privately owned. My cousins live in Kentucky and up there it's ~50 yards from the bank is all state land... that may have something to do with it. as far as being undeveloped, my uncle is a building contractor in Union county and I know he complains ALOT about leaving land untounched.

1/16/2007 12:23:54 AM

My guess on that limited info is that either it is a stream buffer, or the developer chose to count that land (which doesn't sound developable) towards their open space requirement. Developers want to fit in as many lots as they can, so a good chunk of the open space is often flood plain or for some other reason undevelopable. If you want to find out, you could go down to the County and ask their Building and Development (or similar) department to see the file for your subdivision and/or rezoning.

1/16/2007 7:04:30 AM

Just put in an underground fence and let your dog have at it. If anyone ever complains(doubtful) plead ignorance.

1/16/2007 9:44:58 AM