Legal Question in Real Estate Law in Maryland

building infridgment

I go to settlement for my newly built home in 4 wks. The lot next to mine is much smaller,the house being built on that lot has been placed 6ft from mine.This lot was previously sold and the buyer was told they could not build the house they wanted because of the size.Now they are building on the same lot and the back of that house faces my front. I am paying ovcer $900,000.00 for my home and I do not intend to look at somebodies back yard!! This will also hurt my resale value. What rights do I have?


Asked on 9/02/07, 6:05 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: building infridgment

If your house is in a planned unit development, there should be homeowner's association covenants and bylaws which dictate these things. If the adjoining property is in violation of the covenants, you should contact the developer or whoever is managing the HOA.

If you are not in a HOA, they are probably in violation of the county setback requirements in building so close to the lot line. You should check to see what the mimimum building restriction line is on their property (the county should be able to help you with this, or contact your settlement attorney), and if they are in violation, advise them by letter immediately and if they won't move the structure to be in compliance, you will have to seek an injunction in court.

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Answered on 9/11/07, 11:50 am


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