neighbor's new garage to be built to property line (Pittsburgh: lawyer, houses) - Pennsylvania (PA) - City-Data Forum

Pughnose · 05-20-2018, 01:38 PM

I live in the city of Pittsburgh. My neighbor had been talking about remodeling her garage. Currently the garage wall is about a foot from the property line, and the roof overhang ends right at our shared property line.

Today I got an email from her saying that construction was going to start this week. She says the garage will be mostly torn down and rebuilt with the wall right at the property line, with no overhang. New cement foundation will be poured.

This is my first property, and I have many questions. Among them are:
1) Are garages (mostly new, but presumably with some of the old left for grandfathering purposes) allowed to have the wall right at the property line, with no overhang and no setback? Not sure I mind, since there's currently a little strip of her property on my side of her garage that she can't access, but I was surprised. She got a variance for not having an alley setback on the back side, but that was when she was remodeling, not rebuilding.

2) If they're going to pour cement to the property line, I guess they expect to enter my property to dig, put in forms, etc. Is it usual to assume that this is okay with no permission? Is there some law that says I have to allow access or work on my side of the line?

Not trying to pick a fight with this person, but I also want to make sure I enforce my rights, make her ask for written permission if appropriate, not set a precedent for her to make assumptions, etc.

Any insight from you, please? Any other things I should be thinking about? Thanks!

_Buster · 05-20-2018, 01:51 PM

you could just ask them if they got the construction permit for it, that would answer your questions I think. They can probably build right up to the property line. I doubt they will really have to go into your property for construction unless it is an unsually tight area they are building in.

Knepper3 · 05-20-2018, 01:59 PM

Call the building department, in general you usually can not build right on a property line. There are setbacks from roads, other buildings, property lines that usually apply. I do not know city codes specfic but a call will give you the answers. Grandfathering a structure might be possible but often a complete tear down negates that. A quick look online I found the link below, I would think a detached garage would be considered an accessory structure which seems to look like it needs 5 ft from the property line. Again just give a call and you can confirm, there should have been permits filed as well which if so then there would be an inspection.

http://apps.pittsburghpa.gov/dcp/Res...e_Setbacks.pdf

guy2073 · 05-20-2018, 02:31 PM

When a structure is changed any claim to grandfathering goes out the window, if it's getting a new footer my guess is the footer will be on the line and the new wall will be close to the original location. I would definitely call the inspector and definitely take some time stamped before pictures.

Moby Hick · 05-20-2018, 02:59 PM

Quote:

Originally Posted by _Buster

you could just ask them if they got the construction permit for it, that would answer your questions I think. They can probably build right up to the property line. I doubt they will really have to go into your property for construction unless it is an unsually tight area they are building in.

I wonder if they have a permit. I don't think you can build that close to the property line without a variance and I don't think they could get a variance without your neighbor having received some kind of notice. Nobody who isn't trying to pull something over on a neighbor would wait until the day before to spring something like this on them.

Personally, if the garage was going to be in a place that caused problems for me or if there wasn't a permit, I'd be trying to find a lawyer who answered his or her phone on a Sunday night.

_Buster · 05-20-2018, 03:59 PM

Quote:

Originally Posted by Moby Hick

I wonder if they have a permit. I don't think you can build that close to the property line without a variance and I don't think they could get a variance without your neighbor having received some kind of notice. Nobody who isn't trying to pull something over on a neighbor would wait until the day before to spring something like this on them.

Personally, if the garage was going to be in a place that caused problems for me or if there wasn't a permit, I'd be trying to find a lawyer who answered his or her phone on a Sunday night.

It sounds like the OP is more concerned with them going on her property, I mean the garage is basically going to be right in the same spot, its already a foot from the line with roof overhang. They would need permission to go into the OPs property I'm sure for construction (if necessary). So they can just make it known that permission will be needed if that occurs. but if the OP really might have a problem with the new structure they should definitely get the building plans

selltheburgh · 05-20-2018, 07:03 PM

They can't build something new to the property line. they have to adhere to setbacks. If there's a current garage, they can rebuild on the same outline. They still have to go through zoning and permitting.

You can check building eye to see if they got a permit. If they got a permit, there's nothing you can do about it. If they didn't, then they are screwed if they start without it.

selltheburgh · 05-20-2018, 07:04 PM

I'll add that some areas have a zero foot setback. I've only experienced them in commercial LNC zoned ares though.

guy2073 · 05-20-2018, 07:11 PM

Quote:

Originally Posted by selltheburgh

I'll add that some areas have a zero foot setback. I've only experienced them in commercial LNC zoned ares though.

There are some areas of the city with zero setbacks but I believe it is more for row houses and tightly built homes.

szug-bot · 05-20-2018, 08:24 PM

man, what a **** she is.

they will likely step into your yard to pour the foundation. that is not a problem, assuming

thanks, knepper for that link to a useful graphic.

the devil is in the details, though:

She says the garage will be mostly torn down and rebuilt with the wall right at the property line, with no overhang

im not sure, but i think she might know exactly what she is doing - does "mostly" mean a remodeling, vs. an actual new structure? this way, she can skirt the setback issue since the current overhand IS at the PLine. In the end, there is technically still no encroachment.

but she still is a pig.