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    DizziDezzy's Avatar
    DizziDezzy Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 6, 2008, 11:07 AM
    Builder misplaced next door home
    The builder of a new home development built a home within its property lot and subsequently within the construction lines of the property itself. This lot and home is next the my home and property lot. Unfortunately, the home appears to be have been placed about 20-ft forward and closer to the sidewalk than my home or any other home along the street. This essentially causes the home to "pop out" of the general front alignment of all the homes on the street and effectively obstructs my view of its side of the street. What's more annoying is that there is plenty of land and allowable construction space behind the home to have placed it further back from the sidewalk and thus along the alignment of all the other homes on the street.

    This potentially also devalues my home given that one might not want to buy my home with an obstructed view of the entire street.

    Do I have any legal grounds to request some form of remediation [i.e demolish and rebuild the home, money, or otherwise (i.e. finish my basement, build me a deck)] from the builder? Again, please note that the home has been built within its allowable construction area... it's just that they could have backed it up a bit to keep it's alignment consistent with the rest of the neighborhood.

    Thank you

    Dezzy
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Aug 6, 2008, 11:18 AM
    By your own admission, everything conforms to the laws for your area, and nothing illegal has been done.

    Knowing that, I don't feel you could prevail with any of the actions you have mentioned.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #3

    Aug 6, 2008, 12:28 PM
    I agree with progunr. If it's within the area it has to be in... I don't see that you have ANY case.

    Also, to "win" you basically have to be able to prove damages. I understand what you're saying is the problem. I wouldn't like that either. But I don't know what you'd present as evidence in such a case.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Aug 6, 2008, 02:23 PM
    Did you contact the Building and Zoning Office to see if they approved of the placement of the home? If they approved of the placement on the lot, there is nothing you can legally do about what they approved of. You're basically stuck with their approval of the sore thumb in the neighborhood cutting off the view. It's up to THEM to determine if the home's placement is correct or not. Would suggest you give them a call and see just what they have to say about this matter of what you term improper placement upon the lot.

    Also, you did not say just how far along this project is - have they dug the basement or laid any cement blocks, etc. If the project is not too far along, I would suggest you contact the builder and express yours (and your neighbors if you have spoken to them about this) and strongly suggest that the builder place this home further back on the lot.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #5

    Aug 6, 2008, 03:50 PM
    Quote Originally Posted by DizziDezzy
    Again, please note that the home has been built within its allowable construction area...it's just that they could have backed it up a bit to keep it's alignment consistent with the rest of the neighborhood.
    It sounds like the OP knows that it's legally placed on the lot, it's just not in a visually pleasing place for the other homes on the street.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 6, 2008, 04:40 PM
    Quote Originally Posted by rockinmommy
    It sounds like the OP knows that it's legally placed on the lot, it's just not in a visually pleasing place for the other homes on the street.


    And if they're not in violation of the set back they don't need a variance and there's no problem for the people who built the house.

    There is no law that "you" have to make "your" neighbors happy.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #7

    Aug 6, 2008, 04:51 PM
    If the home does not violate any buidling codes and is not too close to the property lines there is nothing you can do. It would appear they could have placed it there if they wanted to.

    IS there any HOA rules or regs ?
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #8

    Aug 6, 2008, 06:38 PM
    I have to say, it sounds to me like whoever built this house has positioned it to maximize the size of the backyard. Which makes sense to me... most people don't use their front yards, so why not get more space in the part that you do use?

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