Legal Question in Real Estate Law in California

Neighbors construction effecting my ability to sell my home

My neighbor is in the process of constructing a 900 sq ft detached garage in the southest rear corner of his property. Our properties are back to back. Because it is a detached garage, he was allowed to not only put a storage unit (so he says) on top of the garage but also go as close as 5 feet from my property line. Due to the location of this construction and the fact that his property is already 10 ft (approx) above mine, this building towers over my jacuzzi/pool (in the northeast corner of my property)and my house. Can my neighbor or the county (we are on county property) be held liable for my 1)inability to sell my house or 2) having to reduce my price dramatically in order to sell my house? I have had 6 prospective buyers see our house so far that would not even make an offer due to this construction. Pleae help. Thank you.


Asked on 9/10/01, 11:35 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Neighbors construction effecting my ability to sell my home

You may have a lawsuit against the owners, more information is requried. www.4thelaw.com

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Answered on 10/26/01, 9:28 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Neighbors construction effecting my ability to sell my home

I agree with the other attorney that you may have a lawsuit, but unless the neighbor is violating some law (and apparently he is not), you are less than likely to win that suit. Neighboring parcels get built on all the time, with resulting loss of property value.

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Answered on 10/26/01, 7:55 pm


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