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Conforming to the Neighborhood

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koshidog

Member
What is the name of your state (only U.S. law)? MD

I purchased my home 3 years ago. My property is next to a lot that is approximately 3 acres (the majority of it being a steep hill and stream). Years ago a portion of that lot was supposed to be developed for a bridge that would connect the public road (dead-end) I live on with the other part of the public road (dead-end also). The bridge would provide access (over the stream and thru the woods). This would eliminate both dead-ends and make it one continuous road.

Due to some environmental issues, the county decided not to build the bridge. The construction company who had possession of the lot (original intention was to build a bridge) now sold the lot. A house is being built on this 3-acre lot; however, there is only about ½ acre usable since the majority of the lot is a steep hill and stream. The house is cited to be built 50 feet from my property line (since the setback is 50 feet) and (since there’s only about 200 usable feet at it’s widest part). If this house is built, in no way will it conform like the other homes in the neighborhood, (all homes are built in the center of each lot) which provides ample space between all the homes. This house will be smack against the 50-foot setback, making it unreasonably close to my house/property. Basically they are trying to squeeze a house into a very small area. Also, the lot has a lot of restrictions on it (due to the watershed and environmental issues). The house will have no side yard, it is being built on the edge of the steep hill and the other side is just 50 feet from my property. My house was intended to be the last house of the block, and now when this house is built, it will be the last house.

Our plat indicates that all lots must conform with the other homes in the area. Is there anything I can do to make sure that they are complying with all the regulations within the development? I can’t imagine that anyone would actually build on this lot due to small area that is usable. The builders also intend to sell the home once it is built, so I don’t think they really care about conforming with the neighborhood.

I appreciate any advice anyone can give. Thank you.
 


FarmerJ

Senior Member
Unless there are written into the title restrictions by a developer like those with a HOA . If there are no so called restrictions or HOA type rules written into the title of every lot in your developement then Id say your only option is to consider buying the lot your self because city /county rules are what would apply to any structure built there and if zoning allowed a home to be put there not much else you can do.
 

drewguy

Member
I don't see what the issue is if the builder is complying with applicable setback requirements. The fact that other people complied with them and added additional space doesn't mean they're violating something (and 50 feet seems pretty generous).

If you are in an HOA, then you may be able to prevent this owner from joining the HOA if the house doesn't comply with additional restrictions.
 

154NH773

Senior Member
If all conditions are met (50' setback) then a building permit may not be denied.
If it is an HOA, other restrictions may apply.
My home is 6" from the 30' setback on three sides, and I would have fought any attempt to deny me a building permit.
Sorry, I think you are out of luck. (Just be glad you're not my neighbor; LOL)
 

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