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Old 11-18-2010, 01:30 PM
 
1 posts, read 3,578 times
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We have a 8ftprivacy fence along the addition, building the fence as close as we could to the structure to reclaim some land. (The windows on the home open to a wood fence, that is how close this addition is.) The new owners are doing a lease to purchase and have since informed us that they plan to take the little one story home and go up to three stories....essentailly building on top of the illegal addition that was added 15 years agao. Is there ANYTHING we can do? We live in town, so this monstrocity will be right on top of our little bungalow, eliminating any privacy that we do have. I would plant large trees, but that side is our driveway, going all the way to the backyard where we park. In fact, the fence is actually built on our driveway becase the addition left no green space. Any ideas?
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Old 11-18-2010, 01:35 PM
 
Location: Johns Creek area
9,554 posts, read 8,622,679 times
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Call a real estate lawyer. In what part of town do you live?
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Old 11-18-2010, 01:38 PM
 
Location: MMU->ABE->ATL->ASH
9,003 posts, read 16,133,914 times
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Well if the addition they are added on to/above it was built without permits/approvals I would notify your town Building/Code Enf dept. They will require that the addition be brought up to code, fee/fines paid, before they will approve plans for the new addition. If the 'New' addition must meet the building code and zoning rules they can build it with out your approval. If zoning rules, (Setbacks, Height, etc) do not allow it they then need to get a varience to do it, and you can go and speak againts it. But its up to the zoneing board to allow/disallow it.
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Old 11-18-2010, 01:38 PM
 
Location: Atlanta, GA
1,123 posts, read 5,618,557 times
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I know all areas are different, but isn't there a no-building line from the property line? I know on our survey there is a 10' dotted line along the entire property line in which it's forbidden to build any permanent structure. If I were you, I would call the City building code enforcement dept to come out. I think they may have to actually tear the structure down.
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Old 11-18-2010, 01:40 PM
 
Location: Atlanta, GA
1,123 posts, read 5,618,557 times
Reputation: 534
Quote:
Originally Posted by flyonpa View Post
Well if the addition they are added on to/above it was built without permits/approvals I would notify your town Building/Code Enf dept. They will require that the addition be brought up to code, fee/fines paid, before they will approve plans for the new addition. If the 'New' addition must meet the building code and zoning rules they can build it with out your approval. If zoning rules, (Setbacks, Height, etc) do not allow it they then need to get a varience to do it, and you can go and speak againts it. But its up to the zoneing board to allow/disallow it.
Much more intelligently stated than my post. I second this.
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Old 11-18-2010, 01:42 PM
 
Location: Cincinnati
3,335 posts, read 5,729,032 times
Reputation: 2058
check with planning / zoning / code enforcement in your jurisdiction. if the additional it is literally and objectively on your land, have a surveyor confirm and make them either demo or buy your property.
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Old 11-18-2010, 03:04 PM
 
Location: Atlanta
6,458 posts, read 7,259,394 times
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Very interesting case.

Are you sure that part of the building is actually on your property? Was it surveyed by anyone?

Did y'all come to any kind of agreement 15 years ago to settle the issue?

What did the city/county say about it back then?

And I agree with the other posters. I would start by going to the county/city and make sure everything is to code and permitted first and possibly get a real estate attorney if needed.

Good luck!
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Old 11-18-2010, 08:41 PM
 
Location: West Cobb County, GA (Atlanta metro)
9,190 posts, read 29,581,870 times
Reputation: 5091
At one point there was an old archaic law that said if you build a fence near a property line, you essentially "give" any of your property on the neighbor's side of your fence to them. Years ago there was something about this on the news where some folks built a fence and 5 ft of their property that then fell on the neighbor's side was given to the neighbors due to this old law. I'm not a lawyer and have no idea if due to cases like that if in the years since the law was overturned, but you might have given up some of your property to your neighbors if you did indeed build an 8 ft privacy fence near the lines.

But as stated, you need to seek the advice of a LAWYER, not web postings, about this and the other concerns you have about them. Please do that. No one here could or should offer legal advice on the matter via text on a board screen. Good luck in your case.
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Old 11-19-2010, 08:05 AM
 
Location: Johns Creek, GA
11,879 posts, read 45,713,520 times
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I'm curious- how do you know the addition is "illegal"? At least in a technical sense.
Have you made the trip to the convening authority and sought a copy of a plat, and or a recorded deed of a variance (if one was actually filed)?
Or would this be a case of previous ownership (your home), allowing the encroachment?
How long have you owned your home?
And did you have a survey done prior to closing- or did you rely on a previous survey?

As previously stated- you can petition any addition to the board of review (code enforcement/ building, planning dept).
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Old 11-19-2010, 10:30 AM
 
Location: ITP - City of Atlanta Proper
7,797 posts, read 11,731,309 times
Reputation: 5394
Quote:
Originally Posted by atlantagreg30127 View Post
At one point there was an old archaic law that said if you build a fence near a property line, you essentially "give" any of your property on the neighbor's side of your fence to them. Years ago there was something about this on the news where some folks built a fence and 5 ft of their property that then fell on the neighbor's side was given to the neighbors due to this old law. I'm not a lawyer and have no idea if due to cases like that if in the years since the law was overturned, but you might have given up some of your property to your neighbors if you did indeed build an 8 ft privacy fence near the lines.
I can confirm your story is true as it happened to my father. The story involved a fence he put, 30 feet of property on the other side of the fence that the neighbor decided to built a two story garage on, and sledge hammer.

OP, I recommend not using a sledgehammer to resolve this issue and agree that you should seek legal counsel.
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