Legal Question in Real Estate Law in Connecticut
Understanding of law requiring notification of changes to property
7 months ago I learned of a law passed in 1971 in Connecticut . This law requires abutting property owners to notify the other, of major changes to their own property by Return Certified Mail. We bought our property in October1977.Construction on a huge facility together with a 500 foot long driveway plus 3 parking lots was begun in 1984 on the property next door. We never received the required letter. Being first time home owners, we never questioned the legality of it all, assuming that everything was as it should be. I might add that during that period myhusband was working 1st shift at Electric Boat and I was stationed in Texas in the U.S. Army, which meant that we were rarely home to see what was going on next door. That project has since, developed into any homeowner's worst nightmare.
I've recently visited the town hall to ask to see our certified letter. The town insists that ''you must have been notified''. I asked to see the letter. The town says that they are not required to keep such information beyond 5 years. In addition, we had 15 days after receiving the letter to voice any concerns and ask questions, not now. Without notification how would we know that there would be any concerns? Can anything be done now?
1 Answer from Attorneys
Re: Understanding of law requiring notification of changes to property
My first instinct is to say that based on statute of limitations (the time a person has to bring an action/law suit), you have no recourse at this time.
Even without proof of notification, you were aware of the construction, from what you say, by looking at it from your home. Playing devil's advocate, the court would take this into consideration and ask why it took you 25 years to voice any opposition.
Also, you would need to look back at the law/regulation as it was written back then. I have a feeling that it might state that notice needs to be given to the neighbors only if a variance is needed. If all of the specs have been met, the builder may not have had to send notice. (I know that this is the law in my area.)
You don't mention in your question what recourse you are looking for. For instance, if you want shrubs/fence to hide the complex, the owner may agree to putting those in to be a good neighbor or even splitting the cost with you. If there are trucks coming and going in the middle of the night disrupting your peace and quiet, you may be able to contact your municipality to discover what options you have available regarding noise ordinances.
On a personal note, good luck and I hope you can resolve this to your satisfaction. Everyone should be able to enjoy their home.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
