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I've contacted the city and no permit on file to do this. An inspector will be out on Monday. Basically they built it up to be equal with what the their former neighbor did on one side (that I never liked but did not affect our common wall). While I can see my new neighbor wanting it leveled off for him, he did not even tell me he was going to do this. Additionally, they are building a 14 ft high addition which goes quite far back so there goes the view and only 7 ft from our common wall.
My question is, should I email him (neighbor) and tell him of my concern regarding the wall or just wait until the inspector comes on Monday and take a chance he will say I complained? I was ok with it earlier today, then realized I am not. I could take it if my wall were built up to the same level, but I'd certainly never do that without consulting the neighbors and seeing if I needed a permit. So there are 9 concrete blocks on one side of the wall and then in drops down to eight (which is an 8 inch difference and quite noticable). I am thinking resell value here. My other alternative is to plant something there, but anyone could count the number of blocks. Thanks in advance
First, as long as they are permitted on their addition and are building onto their house in complaince with "setbacks," you have no complaint. No "view" is guaranteed unless your town has a code for that issue, which I doubt it does.
That's what you get for living in a close proximity neighborhood. If you want a view guarantee, you're going to have to buy a mountain and build on top of it. Otherwise, close houses require compromises and this is a compromise you bought into.
As for the wall, codes and permit reviews are in place to establish guidelines for miniminm safety standards. If the wall requires a permit, it requires a permit. I understand why you would want it built to minimum standards since it's next to you.
I personally would have talked to the neighbor and asked him to get a permit before calling the city inspector, but since the cat is out of the bag, it's out of the bag. I wouldn't write him at this point since there doesn't appear to be any point to it other than to provide you another avenue to waggle your finger at him.
It appears to me that you lost your relationship with this neighbor long ago. Otherwise, why would you want to email him instead of talking to him, at least for the initial contact? Why would you call the city so quickly without giving him the opportunity to address your concern? It appears to me that there's more history to this story than is being said and that you haven't lost anything by not talking to him. The relationship was ruined long ago.
The bottom line is that you won't be able to stop the construction as long as it complies with your city's building codes for fence height, footer, etc.. He will spend the few extra bucks to get the permit and up will go the block fence. You might as well enjoy the additional provacy, expecially since your neighbor hasn't asked you to pay for your half of the common fence.
First, as long as they are permitted on their addition and are building onto their house in complaince with "setbacks," you have no complaint. No "view" is guaranteed unless your town has a code for that issue, which I doubt it does.
That's what you get for living in a close proximity neighborhood. If you want a view guarantee, you're going to have to buy a mountain and build on top of it. Otherwise, close houses require compromises and this is a compromise you bought into.
As for the wall, codes and permit reviews are in place to establish guidelines for miniminm safety standards. If the wall requires a permit, it requires a permit. I understand why you would want it built to minimum standards since it's next to you.
I personally would have talked to the neighbor and asked him to get a permit before calling the city inspector, but since the cat is out of the bag, it's out of the bag. I wouldn't write him at this point since there doesn't appear to be any point to it other than to provide you another avenue to waggle your finger at him.
It appears to me that you lost your relationship with this neighbor long ago. Otherwise, why would you want to email him instead of talking to him, at least for the initial contact? Why would you call the city so quickly without giving him the opportunity to address your concern? It appears to me that there's more history to this story than is being said and that you haven't lost anything by not talking to him. The relationship was ruined long ago.
The bottom line is that you won't be able to stop the construction as long as it complies with your city's building codes for fence height, footer, etc.. He will spend the few extra bucks to get the permit and up will go the block fence. You might as well enjoy the additional provacy, expecially since your neighbor hasn't asked you to pay for your half of the common fence.
Our relationship has been great. This is the first snag. Also, the fence was already done today without my knowledge and no permit. I had not anticipated him building up, so why would I ask for a permit? He has given me both his phone number and email to contact him with any issues and let me know he welcomes this. And why would I pay for half the fence when it was his palm tree that ruined it in the first place?
I called the city so I know if I have a leg to stand on or not. If I don't, I say nothing. If I do, I address it. No sense in causing a problem when there is nothing I can do about it - like the addition being built 7 feet from the wall. It's within code so I just have to deal with it. But he has no such permit for the wall and since I would not build up my wall without talking to the neighbors first, I think it's only considerate.
And I do NOT live in a close proximity neighborhood. My lot is over 18000 sq feet as is his. But he is turning this into an encroachment issue building so close. My lot goes back about 18000 feet but this is still too much close for my comfort zone. Also, he doesn't live on the property and I saw him for a brief moment today and he was on the phone and I was leaving. I've been working with his contractor on very friendly terms who is free to pass along my concerns, although I told him not to. Let my neighbor know of my concerns I say.
You made many assumptions in your post.
Last edited by mistygrl092; 02-11-2011 at 06:23 PM..
Reason: add thought
Expressing your concern won't matter much now is will learn that you turned him in soon enough :I suspect.Basically he is liely to be fine and the fence inspected to see if it is in complies. Before was the tie yo express your concern ;your out of it now;other than being the complaiant if he goes to court.
Expressing your concern won't matter much now is will learn that you turned him in soon enough :I suspect.Basically he is liely to be fine and the fence inspected to see if it is in complies. Before was the tie yo express your concern ;your out of it now;other than being the complaiant if he goes to court.
Oh, yikes. You're right. I don't want him getting fined and I certainly don't want him (or me) going to court. It's not that big of a deal. If he is in violation, I'll be happy with him just taking out the extra block at the top. This is why I asked if I should just email him. I don't want him getting the news from some inspector, although I was told it would be anonymous, who else would complain?
I'm mostly ticked off over not even being consulted. If he would have come to me and said, "BTW, I plan on building up the fence, do you mind?" none of this would be happening. I did not want to cause a problem and I still don't. This is why, again, I thought of emailing him to give him a heads-up. I always do email when something is unpleasant, as it is able to be edited until it sounds just right. I have sort of a PR background which can be kind of schmoozy, so it's not like I'd come out with something accusatory. I'd come out with, can we work this out or do a step down on my property so the difference will not be so stark, even though I really believe he should have just knocked out the add-on most likely done with no permit by previous owners. Thanks.
And why would I pay for half the fence when it was his palm tree that ruined it in the first place?
I didn't say you should. You said it was a "common" fence. He could ask you to pay for the "improvement" and you could say, "no."
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Originally Posted by mistygrl092
I think it's only considerate.
You're right, but he is not required to be considerate.
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Originally Posted by mistygrl092
And I do NOT live in a close proximity neighborhood. My lot is over 18000 sq feet as is his.
18000 sq feet is less than .4 acre. It is a large tract-type lot, nothing more/nothing less.
The fact of your neighbor's construction 7' from the property line also speaks to the proximity in the neighborhood. If he's not "encroaching at 7', it's likely that your setback is 5'. Again, that's common. It would allow for two houses only 10' from each other when they're built at the setback line. If the roof overhangs are considered, it could allow for edges of the roof that could be as close as 6' or so from each other.
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Originally Posted by mistygrl092
But he is turning this into an encroachment issue building so close.
Uh, no he's not. There's no "encroachment" unless he's "encroaching" into the setback. I would bet dollars to doughnts, he has a 5' setback requirement. At least that's common in a lot of city-type lots.
If you look-up "encroach" in Merriam-Webster, you'll find the following definition:
1: to enter by gradual steps or by stealth into the possessions or rights of another
2: to advance beyond the usual or proper limits
Your neighbor's construction has neither taken any steps "into the possession or rights of another (you), nor is he doing it "gradually" or by "steath." It's quite obvious what he is doing. He's also 7' away from the property line so he hasn't "advance(d) beyond the usual or proper limits." He's sufficiently outside the setback.
You may not like it, but your expectations do not fit within your local codes and your neighbor is "encroaching" on nothing. He's in the right and you're not.
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Originally Posted by mistygrl092
My lot goes back about 18000 feet
Holy Cow! You lot goes back 3.4 miles? That must be a typo.
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Originally Posted by mistygrl092
but this is still too much close for my comfort zone.
Therein lies the problem. Your "comfort" is out of step with the rules governing your property - the codes. It falls under the live and learn section of the codes.
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Originally Posted by mistygrl092
Also, he doesn't live on the property and I saw him for a brief moment today
Again, therein lies the issue. He's not around for you to talk to him. He's not around to provide the "touchie-feelie" conversation to make you feel comfortable or become a sounding board for your frustration that you can't do anything about his construction.
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Originally Posted by mistygrl092
You made many assumptions in your post.
Of course, and they were identified. "Appears to me" means exactly that. It's an appearance not a fact. When you post only part of the story, assumptions have to be made. Have you ever heard of the phrase GIGO?
The bottom line is that I see you concern about the non-permitted wall construction. It should be inspected and permitted.
I still think that the action you took is as inconsiderate as the action he took regarding the wall. However, he's in his right to do his construction in compliance with local laws without gaining your input, just like you are in your right to call the building department on him without talking to him.
Deal with it. It's not "encroachment." Your "views" aren't guaranteed unless there are some local laws addressing the issue. If you want guarantees and neighbors farther than 7' from your lot line, buy a bigger lot and build your house in the middle of it. If you want guaranteed "views," buy a mountain and build on top. Otherwise, neighborhoods are neighborhoods and you give up certain things to live in a neighborhood.
I didn't say you should. You said it was a "common" fence. He could ask you to pay for the "improvement" and you could say, "no."
You're right, but he is not required to be considerate.
Yes, you do. 18000 sq feet is less than .4 acre. It is a large tract-type lot, nothing more/nothing less.
Uh, no he's not. There's no "encroachment" unless he's "encroaching" into the setback. I would bet dollars to doughnts, he has a 5' setback requirement. At least that's common in a lot of city-type lots.
If you look-up "encroach" in Merriam-Webster, you'll find the following definition:
1: to enter by gradual steps or by stealth into the possessions or rights of another
2: to advance beyond the usual or proper limits
Your neighbor's construction has neither taken any steps "into the possession or rights of another (you), nor is he doing it "gradually" or by "steath." It's quite obvious what he is doing. He's also 7' away from the property line so he hasn't "advance(d) beyond the usual or proper limits." He's sufficiently outside the setback.
You may not like it, but your expectations do not fit within your local codes and your neighbor is "encroaching" on nothing. He's in the right and you're not.
Holy Cow! You lot goes back 3.4 miles? That must be a typo.
Therein lies the problem. Your "comfort" is out of step with the rules governing your property - the codes. It falls under the live and learn section of the codes.
Again, therein lies the issue. He's not around for you to talk to him. He's not around to provide the "touchie-feelie" conversation to make you feel comfortable or become a sounding board for your frustration that you can't do anything about his construction.
Of course, and they were identified. "Appears to me" means exactly that. It's an appearance not a fact. When you post only part of the story, assumptions have to be made. Have you ever heard of the phrase GIGO?
The bottom line is that I see you concern about the non-permitted wall construction. It should be inspected and permitted.
I still think that the action you took is as inconsiderate as the action he took regarding the wall. However, he's in his right to do his construction in compliance with local laws without gaining your input, just like you are in your right to call the building department on him without talking to him.
Deal with it. It's not "encroachment." Your "views" aren't guaranteed unless there are some local laws addressing the issue. If you want guarantees and neighbors farther than 7' from your lot line, buy a bigger lot and build your house in the middle of it. If you want guaranteed "views," buy a mountain and build on top. Otherwise, neighborhoods are neighborhoods and you give up certain things to live in a neighborhood.
Ok, my lot is bigger than what I said. It's 18,365 to be exact and his is around 17K or so. That is nothing to sneeze at in a metro area. Otherwise, we seem to be in agreement. He should have filled me in, we should have been in agreement, and there would be no issue.
I have every right to do my research, as a homeowner. Morever, I have a responsibility to do so.
I didn't say you should. You said it was a "common" fence. He could ask you to pay for the "improvement" and you could say, "no."
True.
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You're right, but he is not required to be considerate.
It's always a good idea.
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Yes, you do. 18000 sq feet is less than .4 acre. It is a large tract-type lot, nothing more/nothing less.
I lied, it's over that.
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he's not. There's no "encroachment" unless he's "encroaching" into the setback. I would bet dollars to doughnts, he has a 5' setback requirement. At least that's common in a lot of city-type lots.
In my world it is.
If you look-up "encroach" in Merriam-Webster, you'll find the following definition:
Quote:
ter by gradual steps or by stealth into the possessions or rights of another
2: to advance beyond the usual or proper limits
I don't care about dictionary definitions.
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Your neighbor's construction has neither taken any steps "into the possession or rights of another (you), nor is he doing it "gradually" or by "steath." It's quite obvious what he is doing. He's also 7' away from the property line so he hasn't "advance(d) beyond the usual or proper limits." He's sufficiently outside the setback.
Yeah, but I still think it's creepy.
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You may not like it, but your expectations do not fit within your local codes and your neighbor is "encroaching" on nothing. He's in the right and you're not.
Bad luck.
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Holy Cow! You lot goes back 3.4 miles? That must be a typo.
18365K is 42/100ths of an acre.
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Therein lies the problem. Your "comfort" is out of step with the rules governing your property - the codes. It falls under the live and learn section of the codes.
Not for this neighborhood.
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Again, therein lies the issue. He's not around for you to talk to him. He's not around to provide the "touchie-feelie" conversation to make you feel comfortable or become a sounding board for your frustration that you can't do anything about his construction.
Whatever. I deal with the general contractor.
Quote:
Of course, and they were identified. "Appears to me" means exactly that. It's an appearance not a fact. When you post only part of the story, assumptions have to be made. Have you ever heard of the phrase GIGO?
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That must be a typo. 
I didn't know. 
