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Stubits · Mar 27, 2009, 10:24 AM

This question might be too specific for this forum, but I am hoping someone can help.

My wife and I are in the planning stages of an addition to our DC rowhouse. We have check with the zoning office and with the permitting folks and our plans are fine by their standards. Indeed, we are allow to build on the property line. We recently discussed the project with our neighbor who thought it was an excellent idea, but he expressed concern at our plans to remove a relatively small brick privacy wall between our property (please see the photo below).

The wall was constructed such that exactly 1/2 is on his property and 1/2 is on ours. He informed us that his mother had had the wall built in 1973 and that it has sentimental value to him. We really like this neighbor and want to take his feelings and wishes into consideration during the process. Our architect feels confident that we can simply build our addition on top of this existing brick wall (that is to say there are not structural concerns), but that there are some remaining property line issues. We can certainly construct the addition on top of our half of the brick wall, but it would be necessary to install metal flashing (this is thin metal meant to prevent water from getting between the old brick wall and the new addition wall. Most home have this for example over an exterior doorway or widow). This would in no ways alter the usability or function of his property and would barely be visible.

So, is it necessary to seek an easement for this purpose? If he simply agrees, is that sufficient? Any other recommendations or suggestions? I feel as though this is a more than sufficient compromise. We would be well within our right to remove the wall as it was placed on our property without an easement, but I completely understand his position.

Thanks!

excon · Mar 28, 2009, 05:31 AM

Originally Posted by Stubits

This question might be too specific for this forum, but I am hoping someone can help.

So, is it necessary to seek an easement for this purpose? If he simply agrees, is that sufficient? Any other recommendations or suggestions? I feel as though this is a more than sufficient compromise. We would be well within our right to remove the wall as it was placed on our property without an easement, but I completely understand his position. Thanks!

Hello Stub:

Nahhh, we're really sophisticated here... That's why they invited ME.

I have a couple things to say, and neither of them are legal advice... If an agreement is fine, or whether you need an easement, I'd absolutely hire a lawyer to do it. Plus, you'd have the added advantage of asking him about the legalities of your situation...

Next, is your relationship with your neighbor.. Although you might have the RIGHT to remove the wall, and/or place your flashing things on his side, I don't know that I would... You COULD do that... But, if you understand his position, and it's not going to cost you MORE, then do what you can to keep your relationship good. Or, do you mean you understand his position, but you don't care about it?? I'm not sure.

excon

ScottGem · Mar 28, 2009, 05:44 AM

The wall you are referring to is the one on the landing at the top of the stairways? And the addition you are planning, is that going to enclose the stairway? Which side is yours by the way?

An easment, in this case is very simple. The neighbor gives you the right to extend the existing wall upwards and install whatever means necessary to protect the installation and the existing wall as long as it does not go go beyond the boundary set by the existing wall.

I would, however, have a real estate attorney draw up this agreement and have it entered as part of the deed. Otherwise, if the neighbor sells the house, the new owner could object.

Stubits · Mar 28, 2009, 06:13 AM

Thanks for the post. The flashing is only necessary IF we maintain his wall. We really want to help him keep the wall, even though it will add additional costs to our project. Maybe my post wasn't clear, but there are really 3 options:

1) Remove the wall and do a standard build
2) Maintain the wall but install the flashing
3) Not build at all.

ScottGem · Mar 28, 2009, 06:15 AM

I would still choose 2, maybe getting him to contribute a little towards the cost.

But you need to protect your strucutre and that's what the agreement is for. If you don't enter that agreement to the deed, then a new owner could force you to deconstruct.

excon · Mar 28, 2009, 06:21 AM

Hello again, Stub:

In the name of neighbor relations, I'd opt for number #2. Get a lawyer to draw up WHATEVER document you need, have your neighbor sign it, and then record it. I can't imagine it costing you more than $100.

excon

Stubits · Mar 28, 2009, 06:24 AM

Scott-

Thanks so much. You really hit the nail on the head. I had been thinking along the same line, but had not thought of it as "extending" the wall up. I guess the neighbor got me a bit on the defensive.

I have done a lot of research on easements and this isn't a scenario that really came up, so I wasn't sure of its feasibility.

I couldn't agree with you more that we want this to be permanent and he doesn't end up giving up much of any substance.

As for the costs, we don't want him to have to pay, this was our decision and we can carry the costs, assuming he finds this to be an agreeable solution.

Thanks for the advice... looks like we are going to get ourselves a lawyer. I will probably discuss this with him first, but still.

Stubits · Mar 28, 2009, 06:25 AM

Excon- Except for the fact that I live in Washington, DC... they just passed a law requiring us to pay $51 a year in a street light tax. Everything here costs more than it should!

Stubits · Mar 28, 2009, 06:25 AM

Oh, and Scott, you're right, we are talking about the brick wall on the landing, we are the house on the right.

ScottGem · Mar 28, 2009, 06:28 AM

I would draw up the letter along the lines I suggested. Then take iut to an attorney and ask if its sufficient or what needs to be included. This way you minimize the time the attorney has to bill you for. I think $100 may be low, but I think $250 would be the high point.

Stubits · Mar 28, 2009, 06:37 AM

Scott-

Sounds like a great idea. You haven't seen a sample of such a letter, have you? Would be great to have some text to work from. I am looking around online but can't seem to find anything.

I think it might help my case that he, or rather his mother, constructed this first wall that encroached on my property, but nonetheless established the line, hopefully he will be more easily convinced.

ScottGem · Mar 28, 2009, 08:43 AM

I gave you approximate wording in a previous response.