My fence was damaged in the process. I could never change my fence since doing so would cause all his dirt to fall in my yard. The deck is cement and has steps leading up to it. It is at the rear of the yard not attached to his house. It is high and if people use it they will look right into my yard therefore robbing me of my privacy. The owner who built home now has it up for sale. He just built it and never moved in. What can I do?
2007-05-12 08:55:10 · 14 answers · asked by Anonymous in Home & Garden ➔ Decorating & Remodeling
Call zoning and see if it violates zoning law, if it does they will make him tear it out and repair the damage.
If not, your only recourse is to sue him in court for actual cost of repairing the fence, and try to get money for loss of value to your home for the privacy issue. (Good luck with that, it's very hard to prove)
Short of that, I'd take the damn fence down and let the deck fall down with it! :)
2007-05-12 08:58:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
THe first thing I would do is call your local cityies code and enforcement or building inspector. I dont think that he could have done it with permits because if it is right up to your fence he has encroached on the setback and furthermore you can not construct something that would divert the flow of drainage into someone elses property. It sounds as though that could be a legitimate issue. I have no idea what ordinances previl as far as height for a deck but I think the besta approach for you is to check with your local officials and see if it was done with permits. Usually when someone submits a permit to build something it is posted in teh local newspapers so that any neighbors can set forth any issues they may have regarding matters as privacy and such. Regardless, the best thing to do is find out if was done legally, If not, they will be required deconstruct it or go through the process legally.
2007-05-12 09:02:05 · answer #2 · answered by kathleen 7 · 1⤊ 0⤋
1952 is over 50 years ago. Even if she is right, and you are squatters, it is too late for her to do anything about it anyway. First, if you both belong to a home owner's association, you can ask them for a cease and desist order to get her to stop building the fence until the issue is resolved. That will cost you no money what-so-ever. If no HOA, then move onto the next step. When you bought your house, you took out title insurance. Find that policy and call the Insurance company and tell them she is attempting to take your property over a title issue. They will have to deal with it. Ask them first, to get a cease and desist order so she will stop building the fence. If your neighbor is right and she can put the fence where she says she can, you got a claim against the title company that did the title search (because they failed to find the newer document) and the title insurance company. If your neighbor is wrong, the title insurance either will have to fight her in court to make your title valid OR they will have to pay you for the error by the title company. Either way your title insurance should protect you financially because that is what you bought it for.
2016-04-01 08:23:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Contact your city, county and state inspectors to come out for your complaint. More than likely they'll have your neighbor take it down. And if your neighbor didn't have a permit to build it in the first place. He may also get fined.
As for your fence - you'll have to take him to small claims court and see if the judge rules against him to repair and fix your fence as well as remove the dirt and soil away from it. Take photos as it looks right now for proof in court.
2007-05-12 21:03:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Go to city inspectors. NOW! They can stop the sale of the house until the problem is rectified. He has made that house larger by overextending on its size with the oversized deck. The city will make him tear it out and you can seek restitution or put a lein on it before he can be allowed to sell.
2007-05-12 09:04:24 · answer #5 · answered by ButwhatdoIno? 6 · 0⤊ 0⤋
You can start with the building inspectors in your area and place a complaint against the owner-better to do this before the owner sells the house.
2007-05-12 09:05:00 · answer #6 · answered by Joan J 6 · 0⤊ 0⤋
Is there any building codes in your area? This could affect what the owner could or could not do...
Most cities/towns don't allow building within so many feet of the property line without approval of the neighbors.
2007-05-12 09:00:14 · answer #7 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 0⤋
Contact local city code department. He has violated city codes if built too close to the property line. The city will make the owner remove it.
2007-05-12 09:00:36 · answer #8 · answered by Jimmie 4 · 0⤊ 0⤋
First you might want to find out if he has a permit to build it. (Some states allow for structures to be built without a permit, if they can be moved) if not you have legal action, secondly if it damaged your fence, you certainly have legal action, third, you may want to check where your property line ends and his begins, if he so much as built an inch onto your property, you have legal action there too..Good luck
2007-05-12 09:07:34 · answer #9 · answered by marks_your_man 2 · 0⤊ 0⤋
First of all, there should be an easement between your yard and his which neither one of you can build anything in. He is definitely violating city codes and if they find out, they will make him rip it down. Don't let him do this and get away with it, reclaim your privacy and make him take it down.
2007-05-16 01:23:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋