Legal Question in Real Estate Law in California

Second story

My neigbors informed me last year that they were buiding a second story on the back of their single level home.

I told them that I was unhappy because we would be losing our privacy and we had looked for a long while to find a house with a private back yard.

Now the jackhammers have started.

Do I have any recourse to block this construction?

How can I find out if the proper permits were obtained and if code even allows them to build this second story?


Asked on 4/14/04, 2:28 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Second story

Depending upon where you live there are building codes and requirements of notice to the neighbors applicable to substantial modifications in residences. You should go to your local building department to find out exactly what has happened in the situation. If the proper notices were given that I don't know what abilities you have other than, immediately, stop reading computer screens and hired real estate/litigation attorney to advise you based upon the facts applicable to the situation. Your question lacks substantial facts which are aptly necessary in order to properly advise anyone applicable to their rights in this kind of situation.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/15/04, 12:19 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Second story

Not if they are building with a permit or if there are no neighborhood Conditions, Covenants and Restrictions benefiting your lot.

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Answered on 4/14/04, 2:36 pm


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