What is the name of your state? Texas
Good afternoon,
I live in Dallas, Texas and recently tore down an existing, detached garage and built a new structure on the existing slab (just lacking paint and garage door). Please note that the slab was increased in size but only onto our property (built out into our backyard). The city inspector has 'red tagged' the garage from further construction, stating that the structure is encroaching on our neighbor's property. After looking at our survey and having another survey completed, he is correct. We are encroaching about 6 inches onto our neighbor's property. However, when we explained that the slab was not improved upon any closer to our neighbor, nor the structure, he stated that we lost all non-conforming rights and that we had two choices:
1. Move the structure over to our property which would involve reframing and cutting the slab (approximately $3500).
2. Going to the city to have the property re-plat (approximately $2500 after engineering and survey costs).
I spoke with the neighbor to whom we are encroaching on and she has no issues whatsoever with the current structure or situation and is willing to accommodate with whatever needs to happen to settle this.
My questions are:
1. Are these truly my only options to settle this infraction?
2. Does the city inspector have any jurisdiction over property encroachments?
3. Because we tore down an existing structure and built a new one that is encroaching no further than the new one, why is this now an issue?
4. Are there other less costly, less complex solutions such as having an easement granted, completing a quitclaim deed, or just an owner's written agreement signed and notarized?
5. When we closed on the house, the title company did not note/explain that there was an existing encroachment. I thought they were not allowed to issue title insurance if there was. Do I have any recourse with them?
Any suggestions or advice on this would be greatly appreciated. Thank you in advance.
Ross
Good afternoon,
I live in Dallas, Texas and recently tore down an existing, detached garage and built a new structure on the existing slab (just lacking paint and garage door). Please note that the slab was increased in size but only onto our property (built out into our backyard). The city inspector has 'red tagged' the garage from further construction, stating that the structure is encroaching on our neighbor's property. After looking at our survey and having another survey completed, he is correct. We are encroaching about 6 inches onto our neighbor's property. However, when we explained that the slab was not improved upon any closer to our neighbor, nor the structure, he stated that we lost all non-conforming rights and that we had two choices:
1. Move the structure over to our property which would involve reframing and cutting the slab (approximately $3500).
2. Going to the city to have the property re-plat (approximately $2500 after engineering and survey costs).
I spoke with the neighbor to whom we are encroaching on and she has no issues whatsoever with the current structure or situation and is willing to accommodate with whatever needs to happen to settle this.
My questions are:
1. Are these truly my only options to settle this infraction?
2. Does the city inspector have any jurisdiction over property encroachments?
3. Because we tore down an existing structure and built a new one that is encroaching no further than the new one, why is this now an issue?
4. Are there other less costly, less complex solutions such as having an easement granted, completing a quitclaim deed, or just an owner's written agreement signed and notarized?
5. When we closed on the house, the title company did not note/explain that there was an existing encroachment. I thought they were not allowed to issue title insurance if there was. Do I have any recourse with them?
Any suggestions or advice on this would be greatly appreciated. Thank you in advance.
Ross