By:
Q. I read your column all the time and now it's my turn to seek your advice.
My front door faces my neighbor's front door. My neighbor used to have a
front porch and decided to enclose it to use year-round. I called the
Building Inspector when I saw the structure being erected and found out that
there were no permits issued. The Building Inspector showed up to inspect
the structure and let the project continue, though the structure is
practically on top of my property line. Now we have no privacy since they
hang out in their new living room all the time. Although we are intending to
put up a fence, I am angry at this person's arrogance to think that, again,
he'd be able to get away with another illegal structure, especially when he
already has a shed and a pool deck (both illegal) and all on top of my
property. What is my recourse?
A. The first thing you must do is to confirm the building code and zoning requirements with reference to what your neighbor is doing. When you contact an official, you need to know what specific violations are occurring.
You do not need to do much checking to discover the applicable codes. Some people will make an appointment with a local building-plan examiner to
understand the issues, others will hire an architect or attorney, who, for a
consultation fee, will educate you regarding your specific rights. You did
try the first thing I would have suggested, which was to contact the Building
Inspection Division of your municipality, but you should have sent a letter.
Written complaints are usually acted upon differently and with more resolve.
If you find that nothing is being done, then you must write the same complaint to an elected official and send along a copy of the letter you wrote to the Inspection Division. I am impressed and amazed by the swift action my
clients have been getting when they have a serious problem that needs their
elected official's advice, especially at the local village and town levels.
Beyond that, legal action may be necessary, but you should first take all
other routes, since legal action will prove too expensive. I have no confidence that our legal system can fully resolve your problem, and you may be very disappointed in the final outcome of a legal battle that may be avoidable.
