New building encroaching on my property

[Ryan Brown]

Good morning all,

Forgive me, this may be a long post since there’s a lot going on. I bought my property fully detached but the new built building next door put up stucco between our properties. It starts from the ground, going up to the roof, goes towards the back of the roof, going back down to the ground in the backyard. Basically enclosing the space in between our properties. Also, the stucco they put up crosses over to my property line.

They basically attached themselves to my property without my consent. I can no longer go to the back from that side of my house because of this stucco that they put up. They said they had an agreement with the previous owner but I’m the current owner.

I was trying to be a respectful neighbor and contact that building’s owner to have them take the stucco down and the owner said “no”.

I’m beyond frustrated and seeking help from all avenues. You can’t just attach to people’s homes without their consent. Does anyone have any idea what I can do to have them remove this attachment to my property so that my home is fully detached again?

Looking forward to replies,
Thank you

[JD Martin]

Quote from @Ryan Brown:

Quote from @Matt Devincenzo:

Ask them for a copy of the agreement with the previous owner to start. If they did get permission then legally they are in the right here, and your recourse is with the seller who should have told you about this agreement. Agreement/contracts/easement like this typically 'run with the land' meaning when you as an owner sell, the buyer inherits that obligation. If they can't provide that proof then your recourse is a lawsuit.

Either way I'd start looking for an atty since you may need to have them legally served to stop any additional work while this winds through the legal system.

I was told by a valuable source that they got a verbal agreement to do something totally different, not to put up a wall attaching the properties.
Does anyone know of any affordable lawyers or pro bono lawyers that can assist me with this matter?

 It makes no difference what someone else gave them permission to do if it wasn't formalized in a contract, which requires something of value to be valid anyway, and then recorded so as to become a permanent easement/encroachment/right of way on the property. Without that they have nothing. 

So what I would do from cheapest and easiest to most expensive:

1. Contact the city and see if the building permits/inspections can help here. They may be able to make it go away just because of setback requirements.

2. Have a lawyer send them a letter ordering it removed under threat of suit, and then request (or take them to small claims court) reimbursement for the legal fees.

3. Hire a lawyer and sue them to have it removed plus attorney fees.

You shouldn't have a lot of problems getting this fixed it doesn't sound like. As to post a picture here, that's not going to preclude you from doing anything in court. BP members don't have any standing :)