Legal Question in Consumer Law in California

Options to resolve change to adjacent new construction and affected brick wall.

I bought a new home on a level lot on a cul-de-sac a year or so ago. On the other side of my rear brick wall, which is five feet tall, was a 10 acre lot which WAS level with my lot and the other five lots of my neighbors. Recently, the developers of the 10 acre lot brought in a lot of dirt, thus raising the level of their area by two to three feet. Additionally, I am being told that my brick wall will be raised and possibly strengthened to accomodate the soil backed up against the wall and to provide the needed five foot fencing on their side. I bought my house because of the fact that the homes on the other side of my property would be level with mine. I would not have bought this house if I knew the fence would have to raised (making my side of the wall 7+ feet high) and that I would have neighbors on lots about three feet or so above mine. Due to the changes to my rear wall and the fact that I will now have neighbors above me, am I entitled to any compensation by the developer? Is my HOA responsible for legal representation on this matter?


Asked on 11/11/04, 7:29 am

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Options to resolve change to adjacent new construction and affected brick wa

While my expectations are that you will have little or no recourse, I would need to look at all documents related to your purchase, your cc&rs, etc and any and/all representations made to you by builder/developer/seller when you purchased.

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Answered on 11/12/04, 12:17 pm


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