Legal Question in Real Estate Law in California
Neighbor built house too close to me, Help!
A would-be real estate developer from a nearby city bought 10 acres of rural/residential land next to mine,and wants to split it into 6 parcels to sell for housing. The land is directly(200 feet or so away) next to my 80 year old house. He proceeded to sell one of the six parcels and on the parcel closest to my home he has built a house that is about 12-15 feet away from the property line(leaving the rest of the 2.5 acres empty). He has violated the building code which says that he must have a setback of at least 10% of the total property length, or in this case about 40 forty feet, more or less. All of my other neighbors(including those who bought his land after he split it) built their houses in the middle, or thereabouts, on their land. He doesn't have a variance, and in fact did most things since he bought the place with reckless disregard for neighbors and the planning department. What should I do? Is he responsible or is the planning department(traditionally wimps in my little town)? Do I have a basis for lawsuit? He is trying to sell the 2.5 acres with the house for $600,000. How much could I get if I sued?His house?Could I sue to have him tear it down? Any help would be greatly appreciated.
3 Answers from Attorneys
Re: Neighbor built house too close to me, Help!
Sure you do. You can sue. Your remedies will range from compensation for the diminishment of the value of your own property to possibly requiring his structure to be moved and the site repaired. Go for it. If you don't enforce your rights no one else will.
Re: Neighbor built house too close to me, Help!
Too late. The time to bring the lawsuit would have been before the house was completed, not now. The law abhors waste.
Re: Neighbor built house too close to me, Help!
I'm not sure that I agree with the prior answer. If you have pursued something with the City or County to enforce zoning, you may have options that direction. To provide an accurate answer to your question, I would have to have more information. The prior answer does accurately convey a sense of great urgency in getting this evaluated. Run, don't walk, to a local attorney's office if you're serious about pursuing this.
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