neighbor destroys privacy

[Carolcoffin]

What is the name of your state? California

My husband and I both worked two jobs for 14 years to save enough money to buy a home that would meets certain very specific needs. I am the conservator of my sister, Debbie. She resides at Fairview Development Center and comes home every other month for six to seven weeks. Debbie is severally mentally retarded and autistic. Debbie is quiet, but has behavioral problems and exhibits inappropriate behavior, such as exposing herself. Debbie is always in a constant state of movement and when force to be inside for extended periods become self abusive.
It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard. It was paramount that it be completely private with no neighbors being able look into our private outside area, or into our home. It was a priority that Debbie have the ability to be outside without being on exhibit to the neighbors and that we also not have to have our house closed up to achieve privacy.

My neighbor is planning on building a second story addition. It would look directly into our enclosed private courtyard, living room, master bedroom, master bathroom, balcony and second bedroom.
We would have to build a solid patio cover to get our privacy back. We've had two bids both over $20,000.00. We can not afford $1,000.00 let alone $20,000. + A solid patio cover would restrict the air flow and make the inside of our house dark.
We have been here for 14 years The neighbor who is planning on building a second story addition move in 7 years ago and has been renting out every available inch in his home. Building a second story addition will mean he can rent out more space. The City is no help. They say he can have as many people as he wants living in his house. Neighbor has a large yard he could build out instead of up, but does not want to give up is yard.

We just want to retain our privacy and be allowed to use our home in the manner it was purchased for. Can neighbor be required to not put in window on our side? Is there anything we can do to prevent him from stealing our privacy from us?

[PghREA]

Have you talked to your neighbor about this? Keep in mind that he owns his property and has the right to do what ever he wants with it as long as he follows the building guidelines of the municipality.

Originally Posted by Carolcoffin

What is the name of your state? California

My husband and I both worked two jobs for 14 years to save enough money to buy a home that would meets certain very specific needs. I am the conservator of my sister, Debbie. She resides at Fairview Development Center and comes home every other month for six to seven weeks. Debbie is severally mentally retarded and autistic. Debbie is quiet, but has behavioral problems and exhibits inappropriate behavior, such as exposing herself. Debbie is always in a constant state of movement and when force to be inside for extended periods become self abusive.
It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard. It was paramount that it be completely private with no neighbors being able look into our private outside area, or into our home. It was a priority that Debbie have the ability to be outside without being on exhibit to the neighbors and that we also not have to have our house closed up to achieve privacy.

My neighbor is planning on building a second story addition. It would look directly into our enclosed private courtyard, living room, master bedroom, master bathroom, balcony and second bedroom.
We would have to build a solid patio cover to get our privacy back. We've had two bids both over $20,000.00. We can not afford $1,000.00 let alone $20,000. + A solid patio cover would restrict the air flow and make the inside of our house dark.
We have been here for 14 years The neighbor who is planning on building a second story addition move in 7 years ago and has been renting out every available inch in his home. Building a second story addition will mean he can rent out more space. The City is no help. They say he can have as many people as he wants living in his house. Neighbor has a large yard he could build out instead of up, but does not want to give up is yard.

We just want to retain our privacy and be allowed to use our home in the manner it was purchased for. Can neighbor be required to not put in window on our side? Is there anything we can do to prevent him from stealing our privacy from us?

Your neighbor can do whatever he wants with his home. YOU have NO SAY in the matter.

[pojo2]

You are to be commended for the love you have for your sister but you can not ask the world to have the same feelings especially when it comes to their property and what they want to do with it assuming they are within zoning requirments.

[Carolcoffin]

Originally Posted by shellandty

Your neighbor can do whatever he wants with his home. YOU have NO SAY in the matter.

Neighbor say he could care less about our need for privacy. He makes $500.00 from each renter and intends to make as much money as he can. All and I mean every neighbor on our street as well as several homeowners the adjacent street have contacted the City about the proposed addition because of the parking problem created by this homeowner. He and his renters currently take up 75% of the street parking. With this addition he will be making the parking, traffic and noise problem even worse. This neighbor has stolen our sense of security by renting to illegal aliens. He states “they make better tenants because they don’t complain and pay in cash” . These are his words, not mine.
The second story addition would destroys our views. We have a view of the golf course from our master bedroom, master bathroom and this second story addition would also block the light and air to our master bathroom as well.
Two years ago one of the neighbors kids said he was going to remodel. When we asked him about it he said he was going to raise his roof a few feet so he could have higher ceilings. We told him we were planning to use the equity in our home to make improvement that would make having Debbie here easier, but did not want to spent all our equity making improvements If he was planning on building on new rooms to rent out. We would instead use it to purchase another home. We asked him to give us a heads up if he planned on building on. He said he would. He stood by and watch us spend every dime of equity and then some making improvements to our home.

Originally Posted by Carolcoffin

Neighbor say he could care less about our need for privacy. He makes $500.00 from each renter and intends to make as much money as he can. All and I mean every neighbor on our street as well as several homeowners the adjacent street have contacted the City about the proposed addition because of the parking problem created by this homeowner. He and his renters currently take up 75% of the street parking. With this addition he will be making the parking, traffic and noise problem even worse. This neighbor has stolen our sense of security by renting to illegal aliens. He states _they make better tenants because they don_t complain and pay in cash_ . These are his words, not mine.
The second story addition would destroys our views. We have a view of the golf course from our master bedroom, master bathroom and this second story addition would also block the light and air to our master bathroom as well.
Two years ago one of the neighbors kids said he was going to remodel. When we asked him about it he said he was going to raise his roof a few feet so he could have higher ceilings. We told him we were planning to use the equity in our home to make improvement that would make having Debbie here easier, but did not want to spent all our equity making improvements If he was planning on building on new rooms to rent out. We would instead use it to purchase another home. We asked him to give us a heads up if he planned on building on. He said he would. He stood by and watch us spend every dime of equity and then some making improvements to our home.

Look... I am NOT going to hash this out with you.

YOUR personal opinions on this matter mean NOTHING.

UNLESS, he is in violation of the city codes....HE CAN DO WHATEVER HE WISHES WITH HIS HOME.

YOU HAVE NO RIGHTS OR SAY SO IN THIS MATTER.

If you don't like the situation......then MOVE to the country.

[Carolcoffin]

I Read You Loud And Clear
I No Longer Can Provide My Sister With A Safe Place To Live
I Have No Rights
He Can Build And Block My View
He Can Build And Block The Light And Air
He Can Steal Our Privacy
He Can Degrade The Quality Of Life For All His Neighboors
As I Said Before, If He Had Be Open And Honest With Us We Would Have Choosen To Move Instead Of Sinking Every Dime We Had Into Our Home.
We Mistakenly Belived You Could Not Build A Motel And Call It A Home.

WE HAVE TO WALK AWAY FROM THIS HOME WITH NOTHING. DO YOU WANT TO BUY US A HOME IN THE COUNTRY ALL SET UP TO ACCOMADATE MY SISTERS NEEDS?
HOW ABOUT RELOCATING OUR BUSINESS TOO. IT ONLY TOOK US 12 YEARS TO ESTABLISH
OR DO YOU SUGGEST WE FOLLOW THE EXAMPLE OF OUR NEIGHBOOR AND RENT OUT EVERY INCH OF SPACE WE CAN. EVEN IF WE RENTED TO HALF OF THE PEOPLE HE CURRENTLY DOES WE COULD MAKE $60,000. A YEAR IN UNDECLARED INCOME. ONE THING WRONG WITH THAT PLAN WE HAVE MORALS BUT I GUESS THAT DOES NOT COUNT FOR ANYTHING
HASH THAT OUT!

[nextwife]

Another option: Build a pergola at the rear of the yard to obscure the view. Plant climbing plants that will grow across the top boards. Even my husband was able to build a pergola, we paid someone to dig and sink the posts and did the rest ourselves.

THis will obscure the view, yet still allow light and air.

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You could build a pergola across part of the yard and attach a roll out sunshade (or several) that you can pull across the remaining yard area. Staggered supports at intervals across the yard will hold them suspended. And that way you can get full sun when sis isn't around.
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[justalayman]

Now that the rest of the bunch have yelled at you, I will try a different approach.

Some municipalities have a "nuisance" or "common nuisance" ordinance. In my locality this ordinance may be able to be applied to a situation such as what you describe, especially the future situation. Since the entire neighborhood feels the same, make sure each of them call the city to complain of the situation.

Find out what the noise ordiances are in your area. If the are broken, call the police and file a complaint.

Another thing that comes to mind is three little letters.. IRS. I do not know what you know of this neighbor and I doubt the IRS spends much effort on anonymous calls, but if you are privey to enough right info, it may be worthwhile.

Many areas have height limitations for buildings. Be sure the neighbors plan falls within any applicable rule. Even with this he may be able to apply for a variance. Be sure to stay on top of this if applicable.

If you have serious and justifiable reason to believe he is renting to illegal aliens, you could call the appropriate federal agency to report this.

If you are on individual private sewer systems, the health department may be some help as well. They usually require systems to be of a certain size based upon # of bedrooms and/or occupants.

If you know the mans insurance company, they may like to know he is running a rooming house and the number of roomies.

Although the city shot you down before, it doesn't hurt to maintain contact with them and try to glean any info that may make the situation illegal, either the current one or the future one.

I don't know if any of these are applicable but given the alternatives (just plain putting up with it), I would be willing to try just about anything.

Realistically, the other posters are basically correct. Unless there are building or business ordinances being broken, the neighbor can do what he wants with his property. It is in your best interest to be sure he does abide by whatever ordinances are applicable.

[CALIF-LAWPRO]

Originally Posted by Carolcoffin

What is the name of your state? California

My husband and I both worked two jobs for 14 years to save enough money to buy a home that would meets certain very specific needs. I am the conservator of my sister, Debbie. She resides at Fairview Development Center and comes home every other month for six to seven weeks. Debbie is severally mentally retarded and autistic. Debbie is quiet, but has behavioral problems and exhibits inappropriate behavior, such as exposing herself. Debbie is always in a constant state of movement and when force to be inside for extended periods become self abusive.
It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard. It was paramount that it be completely private with no neighbors being able look into our private outside area, or into our home. It was a priority that Debbie have the ability to be outside without being on exhibit to the neighbors and that we also not have to have our house closed up to achieve privacy.

My neighbor is planning on building a second story addition. It would look directly into our enclosed private courtyard, living room, master bedroom, master bathroom, balcony and second bedroom.
We would have to build a solid patio cover to get our privacy back. We've had two bids both over $20,000.00. We can not afford $1,000.00 let alone $20,000. + A solid patio cover would restrict the air flow and make the inside of our house dark.
We have been here for 14 years The neighbor who is planning on building a second story addition move in 7 years ago and has been renting out every available inch in his home. Building a second story addition will mean he can rent out more space. The City is no help. They say he can have as many people as he wants living in his house. Neighbor has a large yard he could build out instead of up, but does not want to give up is yard.

We just want to retain our privacy and be allowed to use our home in the manner it was purchased for. Can neighbor be required to not put in window on our side? Is there anything we can do to prevent him from stealing our privacy from us?

My response:

From a legal standpoint, I'm really trying to figure out why you believe that your property rights are superior to your neighbor's rights? Your story about your sister, and everything else, is "legally irrelevant." You bought your property for a reason, and your neighbor bought his property for a reason. As long as your neighbor is abiding by the local ordinances and municipal codes, I don't see your "LEGAL" problem; i.e., your "right" to interfere with your neighbor's property rights. I can only believe that your neighbor has "pulled" the proper building permits to allow him to add a story to his home. If that's the case, the building department would have checked his plans, gave their "blessing", and issued the Permits.

Besides your emotional feelings, and your sister's situation (which have no bearing when it comes to property rights) can you explain to me why you legally believe that your rights are paramount to your neighbor? You see, I can't come up with anything.

Subject to local ordinances and municipal codes, California Civil Code section 659 tells us:

"Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law."


IAAL

Originally Posted by CALIF-LAWPRO

My response:

From a legal standpoint, I'm really trying to figure out why you believe that your property rights are superior to your neighbor's rights? Your story about your sister, and everything else, is "legally irrelevant." You bought your property for a reason, and your neighbor bought his property for a reason. As long as your neighbor is abiding by the local ordinances and municipal codes, I don't see your "LEGAL" problem; i.e., your "right" to interfere with your neighbor's property rights. I can only believe that your neighbor has "pulled" the proper building permits to allow him to add a story to his home. If that's the case, the building department would have checked his plans, gave their "blessing", and issued the Permits.

Besides your emotional feelings, and your sister's situation (which have no bearing when it comes to property rights) can you explain to me why you legally believe that your rights are paramount to your neighbor? You see, I can't come up with anything.

IAAL

I think she believes that she has Legal rights because she THINKS she has morals and the neighbor DOESN'T.

Just my take on the subject.

[CALIF-LAWPRO]

Originally Posted by shellandty

I think she believes that she has Legal rights because she THINKS she has morals and the neighbor DOESN'T.

Just my take on the subject.

My response:

So, are you saying that because her "morals" or religious reasons are better than her neighbor, or the purpose of her property purchase is "better" than those of her neighbor, or her purpose is better than her neighbor's land purpose, that our writer's "rights" are superior to her neighbor? Is that what you think she's saying?

IAAL

Originally Posted by CALIF-LAWPRO

My response:

So, are you saying that because her "morals" or religious reasons are better than her neighbor, or the purpose of her property purchase is "better" than those of her neighbor, or her purpose is better than her neighbor's land purpose, that our writer's "rights" are superior to her neighbor? Is that what you think she's saying?

IAAL

She believes that she has MORE MORALS than her neighbor, therefore HER OPINION is correct, therefore that should count for something when it comes down to the law.

OH..and the fact that she has lived there longer since she posted this:

We have been here for 14 years The neighbor who is planning on building a second story addition move in 7 years ago

OP posted this:

ONE THING WRONG WITH THAT PLAN WE HAVE MORALS BUT I GUESS THAT DOES NOT COUNT FOR ANYTHING

[CALIF-LAWPRO]

OP posted this:

ONE THING WRONG WITH THAT PLAN WE HAVE MORALS BUT I GUESS THAT DOES NOT COUNT FOR ANYTHING

My response:

So, our writer feels that she should be able to dictate to her neighbor, and thus impede his property rights, as a "legal" reason? Incredible.

Well, she's right about one thing . . . it "does not count for anything."

IAAL

[PghREA]

It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard. It was paramount that it be completely private with no neighbors being able look into our private outside area, or into our home. It was a priority that Debbie have the ability to be outside without being on exhibit to the neighbors and that we also not have to have our house closed up to achieve privacy.


In your extensive search, you did not think about or plan for the future plans of the neighbors or either side of you.

Two years ago one of the neighbors kids said he was going to remodel. When we asked him about it he said he was going to raise his roof a few feet so he could have higher ceilings. We told him we were planning to use the equity in our home to make improvement that would make having Debbie here easier, but did not want to spent all our equity making improvements If he was planning on building on new rooms to rent out. We would instead use it to purchase another home. We asked him to give us a heads up if he planned on building on. He said he would. He stood by and watch us spend every dime of equity and then some making improvements to our home.

The neighbor has no obligation to clear his remodeling plans with you.