New home in adjacent lot

[jas001]

For the past 12 years, since we've moved to our house, we've had a secluded back yard, fenced in and surrounded by woods. That was one of the features of the home that attracted us. About a year ago, boundary markers went up on the lot directly behind us. We thought, ok, someone is going to build a house but will surely leave a buffer of trees for privacy, considering it's a fairly big lot. A year past and they finally started clearing out the lot - all of it. I finally went back and talked to the workers and asked them to leave some of the trees up - they left maybe a half dozen. OK, I thought, we'll still have some privacy. Well, finally the home construction started and low and behold, they put the foundation maybe 20 feet from our fence. Now most of the structure is there - it's a big 2 story house and it "feels" like it's right in our back yard. There's very little buffer there and whatever privacy we had is gone with it. It's unfathomable to me that the builder (or buyer, not sure which) actually preferred it like this, but it is now what it is. My question - my concern - is that I can almost guarantee that our property value has gone down simply because we lost the seclusion we had and very much cherished. Would I have any legal recourse at all to get some compensation for that - or at the very least get the builders to put in some privacy trees, if they even have room to do so? Thanks for any advice.

Jeff in NC.

 

[LdiJ]

For the past 12 years, since we've moved to our house, we've had a secluded back yard, fenced in and surrounded by woods. That was one of the features of the home that attracted us. About a year ago, boundary markers went up on the lot directly behind us. We thought, ok, someone is going to build a house but will surely leave a buffer of trees for privacy, considering it's a fairly big lot. A year past and they finally started clearing out the lot - all of it. I finally went back and talked to the workers and asked them to leave some of the trees up - they left maybe a half dozen. OK, I thought, we'll still have some privacy. Well, finally the home construction started and low and behold, they put the foundation maybe 20 feet from our fence. Now most of the structure is there - it's a big 2 story house and it "feels" like it's right in our back yard. There's very little buffer there and whatever privacy we had is gone with it. It's unfathomable to me that the builder (or buyer, not sure which) actually preferred it like this, but it is now what it is. My question - my concern - is that I can almost guarantee that our property value has gone down simply because we lost the seclusion we had and very much cherished. Would I have any legal recourse at all to get some compensation for that - or at the very least get the builders to put in some privacy trees, if they even have room to do so? Thanks for any advice.

Jeff in NC.

No, you would have no recourse at all. Now, if they violated some HOA rules or covenants for the area you might have something there, but without an HOA or covenants for the area you have no right to dictate what takes place on someone else's property.

So, go ahead and make sure that they followed all of the building rules for the area, but other than that, you have nothing.

 

[FarmerJ]

does the home meet your city /county set back rules as far as the distance the structure can be from lot lines ?

 

[justalayman]

You were out of place asking the crew doing the clearing to do anything contrary to their employers directives. The owner of the lot is entitled to do anything, legal, with their lot they choose to do. If you wanted seclusion, you should have purchased a lot in the country or at least the lot behind your home. If you argue; I wasn't aware..., then that is your fault for not researching your purchase before making it.

No, you have no recourse for the owner building a house on their lot. It's their lot. Maybe they should seek compensation from you for your house being behind theirs. It makes as much sense.

You do have one option though; plant those trees, you know, the trees you want the builder to plant, in your back yard. You are entitled to install a fence (as long there are no hoa rules or ordinances against it) or plant trees to restore some sense of seclusion. The neighbor is not obligated to restore your (false due to false belief nobody would ever build on the lot behind you) sense of seclusion.

 

[jas001]

No, you would have no recourse at all. Now, if they violated some HOA rules or covenants for the area you might have something there, but without an HOA or covenants for the area you have no right to dictate what takes place on someone else's property.

So, go ahead and make sure that they followed all of the building rules for the area, but other than that, you have nothing.

OK, that's sort of what I figured. Thanks for your reply. I guess what would surprise me is that the new owner wouldn't have the same issue with our house being so close - just surprised the builder chose to build it so close to the line, but perhaps that was their only option, not sure. Thanks again.

 

[jas001]

does the home meet your city /county set back rules as far as the distance the structure can be from lot lines ?

That's a good question - I will look into that. Thanks.

 

[jas001]

You were out of place asking the crew doing the clearing to do anything contrary to their employers directives. The owner of the lot is entitled to do anything, legal, with their lot they choose to do. If you wanted seclusion, you should have purchased a lot in the country or at least the lot behind your home. If you argue; I wasn't aware..., then that is your fault for not researching your purchase before making it.

No, you have no recourse for the owner building a house on their lot. It's their lot. Maybe they should seek compensation from you for your house being behind theirs. It makes as much sense.

You do have one option though; plant those trees, you know, the trees you want the builder to plant, in your back yard. You are entitled to install a fence (as long there are no hoa rules or ordinances against it) or plant trees to restore some sense of seclusion. The neighbor is not obligated to restore your (false due to false belief nobody would ever build on the lot behind you) sense of seclusion.

Thanks for your input.

 

[Zigner]

OK, that's sort of what I figured. Thanks for your reply. I guess what would surprise me is that the new owner wouldn't have the same issue with our house being so close - just surprised the builder chose to build it so close to the line, but perhaps that was their only option, not sure. Thanks again.

From the way you describe it, your house isn't close...just your yard.

 

[miftah09]

I can't give your any suggestion, because I just have learn something about law. Oh, by the way. you should do some agreement with them, in order to have legal force.

 

[adjusterjack]

I can't give your any suggestion, because I just have learn something about law. Oh, by the way. you should do some agreement with them, in order to have legal force.

Idiot**************.

 

[quincy]

I can't give your any suggestion, because I just have learn something about law. Oh, by the way. you should do some agreement with them, in order to have legal force.

miftah09, when posting advice on this forum it is important to know the laws not only in the US but also in the poster's home state. The laws can vary in significant ways from state to state but they especially vary from country to country.

Because the laws of Indonesia will not apply to those on this US legal forum, I strongly suggest you find another site on the internet where your information and advice might be helpful and welcome.

Thank you.