My first Property Line Fence Issue...

[ultrarunner]

If it was severe enough they might make him move it or start over. We had a case which went to court because the owner built a structure which was too big for the lot according to local zoning ordinances. The kicker though was that he had gotten all of the proper permits and told them what he was doing; all was well and good until a neighbor complained. It turned into a battle, with the owner stating that he should have been told there was a problem when the permits were issued; it got pretty ugly for a while yet when the smoke cleared he ended up tearing it down.

Happened to a friend of mine... entire permitting process including design review and changes before permit issues... this was a high end custom home and the extra added height was done as an accommodation to the city to enhance architectural elements...

It came out very nice and one of the features was a tower/turret... it was the center piece and the home was tucked into a hillside.

When it was all done and permit ready for final a neighbor who was trying to build similar was turned down for height and said what about my neighbor down the street?

It took almost a year and my friend removed the top and put a flat roof up there... home simply looked odd... friend was upset and never moved in and sold for about what he had spent... not counting 4 years total effort to bring it from concept to reality...

Bottom line is the language in the city documents absolved the city of liability... now, had the height been specifically addressed through an approved variance it would be different buy no variance was requested or applied for during construction... again the home was tucked into a hillside on a slope...

To determine it was over height a specific formula was used and the structure was found non-compliant...

 

[two_bit_score]

Happened to a friend of mine... entire permitting process including design review and changes before permit issues... this was a high end custom home and the extra added height was done as an accommodation to the city to enhance architectural elements...

It came out very nice and one of the features was a tower/turret... it was the center piece and the home was tucked into a hillside.

When it was all done and permit ready for final a neighbor who was trying to build similar was turned down for height and said what about my neighbor down the street?

It took almost a year and my friend removed the top and put a flat roof up there... home simply looked odd... friend was upset and never moved in and sold for about what he had spent... not counting 4 years total effort to bring it from concept to reality...

Bottom line is the language in the city documents absolved the city of liability... now, had the height been specifically addressed through an approved variance it would be different buy no variance was requested or applied for during construction... again the home was tucked into a hillside on a slope...

To determine it was over height a specific formula was used and the structure was found non-compliant...

That's fine ultra but what about the jurisdiction where your house is located? Have you any reference about their history for enforcing the permitting process and their past actions where non-permitted work was done? Several posters have suggested that dropping a dime on the Flipper for not getting a permit when he stripped the interior to the studs and renovated might be a recourse. But, if the city/county is only going to slap him on the wrist with a small fine then does that offer any leverage? Now, if they might go after him pretty hard then it might.



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[ultrarunner]

Generally the permit fees are doubled and then it is at inspectors discretion… if the shell has not been expanded...

But things such as having non tempered glass where tempered is required, GFCI, etc must be corrected.

No doubt a motivated individual can make a lot of trouble... even filing against Broker License...

 

[fried1765]

Generally the permit fees are doubled and then it is at inspectors discretion… if the shell has not been expanded...

But things such as having non tempered glass where tempered is required, GFCI, etc must be corrected.

No doubt a motivated individual can make a lot of trouble... even filing against Broker License...

Me thinks you need to be just that......"a motivated individual".

 

[kc5dlo]

A few thoughts of mine. As long as the side of the garage is in OK condition now, It would seem like the extra tall fence would protect the side of the garage so that it really wont need any maintenance. Too dark for most things to grow. might have to get creative to blow leaves out. Also, wood fences dont last forever. Maintenance could be done then.

If the fence was built fully on your side of the property line, Then I would think it would be your fence to do as you please. Pull the panels down and paint or repair the garage and put the panels back.

 

[fried1765]

A few thoughts of mine. As long as the side of the garage is in OK condition now, It would seem like the extra tall fence would protect the side of the garage so that it really wont need any maintenance. Too dark for most things to grow. might have to get creative to blow leaves out. Also, wood fences dont last forever. Maintenance could be done then.

If the fence was built fully on your side of the property line, Then I would think it would be your fence to do as you please. Pull the panels down and paint or repair the garage and put the panels back.

"pull the panels down" ??
How would one do that from the garage side, in a 9" space between the garage and the fence?
The property on the other side of the fence does not belong to the garage owner, and that property owner just might not allow trespassing, for the purpose of fence panel temporary removal.

 

[2manyrocks]

You need to consult with a good local real estate lawyer who knows the local codes and zoning. We can have whatever opinions we have, but none of us know the particulars of what your legal options are or even if there are some mutual easements for maintenance of record. Maybe fences are prohibited altogether by the subdivision plat? None of us know what restrictions are recorded. If the flipper has violated zoning and your lawyer knows the right people to call, they could light a fire under the flipper. If the flipper built a fence on your property, you probably have a basis to sue over the boundary and a notice of the pending lawsuit filed in the real estate records would be constructive notice to any potential purchasers of the dispute. But instead of me guessing what your rights are over the internet, go see a good local real estate lawyer.

Meanwhile, the flipper isn't cooperating and doesn't sound like he's going to cooperate. His goal is to flip the house, get the cash, and move on to the next flip. Being a good neighbor maybe isn't something he cares about unless it hinders him from selling the house.

The fence is there--not going to paint through the fence as it is. Maybe you can clean the garage gutters from on top of the garage roof.

 

[ultrarunner]

So far no lookers at $649k... he paid 400k and gutted the place to the studs... striped the roof, new windows, stucco, etc... place has never looked so good but it is not even a 1000 square feet and 649k when in 2009-12 it would have sold for 80-100k tops...

The only deed restrictions in this 1922 sub-division is a prohibition to those of the Mongoloid Race and keeping of Livestock... both of which have been altered by prevailing law... it is actually allowed to keep hens and of course all Race restriction's went away decades ago.

The only time I have ever incurred legal fees was on the next door home in question about 30 years ago when I was under contract to buy it and the seller backed out... spent about 2k on legal, appraisal, inspections with nothing to show for it...

 

[two_bit_score]

Ultra, can you post some more of those Realtor pics of the house?

Just curious as to what it looks like.

 

[Oldoak]

As far as price goes, you never know. People pay what I consider ridiculous prices for homes these days. Supply and demand rules.