One foot off the line...

feedjake · May 29, 2012

So...My neighbor has decided out of all of the land he has, he is building a (third) playhouse for his one child. This one however, is going to be the most elaborate one yet. over six feet high, and a coupl eof porches off of two sides... AND it's set to be built only 12 stinking inches off of the property line. I'm hesitant to push it any further for fear of making an enemy out of a neighbor. However, I don't want to stare at this thing every time I am out in my barn. (twice a day with dairy goats). My barn is about 15' off the line. So it's in the back of my property. And his playhouse is going to be permanent (not on skids). SO I'm seeing a potential argument in the future. When I saw where he was digging post holes I asked him, if he thinks it's a little too close to the shared line. And he said, (very passive aggressively) "hey if you're concerned about, I'm concerned about it, I'll move it if you want me to move it." So I showed him exactly where the property line was, since he's only been there a couple of years, and I've been there for 10 years, and said, "yeah, if you could move it a few more feet away from the line.." And he replied with a very coarse "Really?... Really?" So basically "hey buddy I'll move it to make you happy... not really a-hole."

I called the Township zoning guy,and he said according to our code, any permanent outbuilding type of structure has to be 15' away form any side line. SO basically I'm at the point where I really don't care all that much if that one neighbor likes me or not. I've got two on either side of me that I've gotten along with OK for the last 10 years.

Also he's building the structure out of all landscape timbers, which I'm sure will rot soon enough. Sorry for writing a book. :confused2:

Jake

dodge man · May 29, 2012

I don't know if that would be considered a permanent structure or not in the eyes of the zoning dept. Just to make sure I understand, its on his side of the line by 12"? If it is on his side of the line, whats your problem with it? I'm sorry, but if you want to control everything around you, you had better buy it next time it comes up for sale.

dwhite · May 29, 2012

Setback requirements usually depend on building size also. You might just ask zoning to come look at it. At best you still have to look at it, only it's 15' from your line.

tow653 · May 29, 2012

Used to build playhouses for a living,around here if posts in ground,it's considered a permanent structure.

rtimgray · May 29, 2012

Sounds like it will all be in the interpretation of what a permanent structure is - and I guess you have to ask your town's building department. If it is considered permanent, I would let him know that, out of neighborly warmth; if it's not considered permanent, then's there's only two things you can do:

1. Nothin'
2. Like it.

Good luck and take care.

TripleR · May 29, 2012

If there was a zoning ordinance, I would make sure that it was complied with. I live out in the country where there are none and a grain bin was put up right on our property line. It is not close to our house and was there before we bought the property.

As to buying the property, that is a really good idea if it ever comes up for sale and you can afford it. We tried for years to buy land surrounding us, but no one would sell it and we are on 300+ acres; people are always wanting to buy from us. We managed to buy a 20 acre parcel several years ago, but the guy knew we really wanted it and we paid a premium price for it.

randy41 · May 29, 2012

can you block it with some fencing so you can't see it?

feedjake · May 29, 2012

Yeah I'm only asking the guy to move it back (before he builds it) a few more feet to maybe give it a total of 8' off the line. But I got attitude when I asked him to move it "a couple feet" ...after he told me he would move it, then I said, yes please. he said. Sorry, not moving it.

I'll help him dig the holes, I just dont want it 12 inches from the line. My already existing (80yr old) barn is only 15' form the property line. Just makes it look, and feel crowded, and I think I would have a hard time selling the property with just that little crowded area in the back.

Oh well, Live and let live.

feedjake · May 29, 2012

randy41 said:
can you block it with some fencing so you can't see it?

I was thinking about adding a fence right up to the property line. I'll have to check with the zonning guy in my township about how close a fence can be to the line.

dmccarty · May 29, 2012

My understanding of our local rules is that if it is in concrete and/or buried below grade that is a permanent structure. The tax people check at our house a few years ago and were very interested in our "barn" which is not on a permanent foundation so they can't tax me on it.

Does your county have a GIS office? Mine does and they have aerial photos of the entire county with property lines laid out. The tax office uses these photos to check out for new structures so they can increase your taxes. If you build something, The Tax Man will Cometh.

I would also guess that if they find a code violation the code inspector will Cometh also. If there is a code violation then he might very well have to move/take down the playhouse.

If the above applies to you, reminding him that the county will eventually find out about his code violation and might cost him the playhouse. I am sure he will take that as a threat that YOU will report him but so be it. If he knows the rules and think they do not apply to him, oh well.

Like I said, the Tax Man did Cometh to our place. There was no way they or the neighbors could see our "barn" from the road, so it was either a random visit or a visit caused by the aerial photographs.

Later,
Dan