• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Property flipper build hose too close but they know the code...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

eddieMa

Junior Member
On March 2017, I received a letter of the house directly located on my back yard will be demolished.
It didn't say what will be rebuilt until 3 month later I saw the foundation of a house 3 time bigger and closer to my property line.

I went to building department and the 1st inspector showed me the building plan where has enough distance and told me no worries. 3 more month past and I saw a decking been put make it even closer to my property. So I went to building department and a different inspector told me there are special rules for new construction. When I came home check the distance between the house and my property is different than the building plan so I went back for the 3 rd time at building department. Not the 3rd inspector pointed me another special rule when the log size is certain size they could build closer.

Basically as an ordinary citizen just like everyone else that I have no way to knowing those building code.
However now privacy totally changed because of this. I have to give up a decking I planned to build. As they are up hill so they will be directly looking down my deck. The window they put on the back has direct reflection in the afternoon on a daily basis.
The new house is 30ft closer to my property, uphill and 3 stories that their windoeds looking down my master bed room, bath room and my home office... I am full time work from home and my office is less than 50ft away direct facing the construction site. They work Monday to Saturday between 7am to 5pm and once on Sunday when installing the siding of the house. My work day start at 7:30am and I have been forcing to put headset all day they started around April and my ear has been pain after putting the headset all day long.

But I understand they are flippers and they want to make as much as profits as possible. I looked up their company they pulling 100+ permits from my town, with 2 million revenue yearly they won't care me at all. I emailed and even sent a usps certificated mail got no reploy until they found out I am seeking for legal help.

The bottom line that I am very angary because the lake of respect from this greedy builder. They build and sell and they are not live here. Is us the current residence, my neighbors and I have to suffer the consequences. My house's value will decreases no one would want to buy a house been watched. Yet they did this by so called law which not giving me a change to say no.

I am here to seek help and advice to see what I can do. I am not seeking for money. I am seeking for my rights and I am seeking for no decking been built too close and they should have built as the construction plan which they pull the permit.

Any comments and advice highly appreciated!!
 


Zigner

Senior Member, Non-Attorney
If they are building according to code, then there's not much you can do. Maybe a taller fence?
 

xylene

Senior Member
make yourself a menace to the degree possible that is legally allowed under the law.

paint your house some ugly color

put up a peeing cupid statue.

get a couple of menacing pit bulls

junk cars.

There are lots of ways to be unneighborly.

That's what I'd do. I would be the most hateful person possible. Within the law, of course. ;)
 

justalayman

Senior Member
make yourself a menace to the degree possible that is legally allowed under the law.

paint your house some ugly color

put up a peeing cupid statue.

get a couple of menacing pit bulls

junk cars.

There are lots of ways to be unneighborly.

That's what I'd do. I would be the most hateful person possible. Within the law, of course. ;)
to what end? If the construct is legal and it’s a spec home, why alienate any prospective neighbors? Somebody will almost certainly buy the property. If you force the value down to “get back” at the builder and cause a fire sale price on the house, expect neighbors that are either landlords (and we all know the stories of how bad tenant neighbors can be) or those of the class willing to accept the hillbilly decorations.
 

HRZ

Senior Member
Some developers just seem to get extra special nice treatment locally ...you may need to do a very serious war danceS with local counsel ,no,clue which dance may work in your community or who connects to whom, need multiple dances to see which one might work...target getting a stop work order or local equivalent BEFORE project is done andmseek that anything and everything be torn down andmrempved back to Code as required ...

Do not use counsel whose work depends on City or developers .

Time is money to developer ..and if developer get hit with stop work orderS that commands a lot of attention...
 

HRZ

Senior Member
PS I'm taking you at your word that the developer is inconsistent with code requirements by a darn good bit
 

justalayman

Senior Member
Some developers just seem to get extra special nice treatment locally ...you may need to do a very serious war danceS with local counsel ,no,clue which dance may work in your community or who connects to whom, need multiple dances to see which one might work...target getting a stop work order or local equivalent BEFORE project is done andmseek that anything and everything be torn down andmrempved back to Code as required ...

Do not use counsel whose work depends on City or developers .

Time is money to developer ..and if developer get hit with stop work orderS that commands a lot of attention...
So far op has been informed the construct is code compliant. Op can hire an attorney to investigate the possibility it isn’t if they choose. If it isn’t code compliant then, by all means, shoot for the stop work order.
 

FlyingRon

Senior Member
Basically as an ordinary citizen just like everyone else that I have no way to knowing those building code
That is why there are land use lawyers and other professionals that you can hire when you have questions or problems.

There's no way we can answer given the scant details (we don't even know where this is so we know what codes and other restrictions might apply). Around here, open decks are allowed to protrude into the setbacks by 50%. If you have any chance, you're going to need to hire a lawyer. The building department apparently thinks the structure is within the rights of the builder.
 

Just Blue

Senior Member
On March 2017, I received a letter of the house directly located on my back yard will be demolished.
It didn't say what will be rebuilt until 3 month later I saw the foundation of a house 3 time bigger and closer to my property line.

I went to building department and the 1st inspector showed me the building plan where has enough distance and told me no worries. 3 more month past and I saw a decking been put make it even closer to my property. So I went to building department and a different inspector told me there are special rules for new construction. When I came home check the distance between the house and my property is different than the building plan so I went back for the 3 rd time at building department. Not the 3rd inspector pointed me another special rule when the log size is certain size they could build closer.

Basically as an ordinary citizen just like everyone else that I have no way to knowing those building code.
However now privacy totally changed because of this. I have to give up a decking I planned to build. As they are up hill so they will be directly looking down my deck. The window they put on the back has direct reflection in the afternoon on a daily basis.
The new house is 30ft closer to my property, uphill and 3 stories that their windoeds looking down my master bed room, bath room and my home office... I am full time work from home and my office is less than 50ft away direct facing the construction site. They work Monday to Saturday between 7am to 5pm and once on Sunday when installing the siding of the house. My work day start at 7:30am and I have been forcing to put headset all day they started around April and my ear has been pain after putting the headset all day long.

But I understand they are flippers and they want to make as much as profits as possible. I looked up their company they pulling 100+ permits from my town, with 2 million revenue yearly they won't care me at all. I emailed and even sent a usps certificated mail got no reploy until they found out I am seeking for legal help.

The bottom line that I am very angary because the lake of respect from this greedy builder. They build and sell and they are not live here. Is us the current residence, my neighbors and I have to suffer the consequences. My house's value will decreases no one would want to buy a house been watched. Yet they did this by so called law which not giving me a change to say no.

I am here to seek help and advice to see what I can do. I am not seeking for money. I am seeking for my rights and I am seeking for no decking been built too close and they should have built as the construction plan which they pull the permit.

Any comments and advice highly appreciated!!
I am assuming by your user name that this is in MA>?
 

eddieMa

Junior Member
That is why there are land use lawyers and other professionals that you can hire when you have questions or problems.

There's no way we can answer given the scant details (we don't even know where this is so we know what codes and other restrictions might apply). Around here, open decks are allowed to protrude into the setbacks by 50%. If you have any chance, you're going to need to hire a lawyer. The building department apparently thinks the structure is within the rights of the builder.
The 1st inspector told me the house should be built as the construction plan they pulled the permit. And told me no worries. The 2nd inspector showed me the law of exception where they are allowed.
When I found out the house itself is closer than on the construction plan the 3rd inspector told me a different link where the lot size exception.

I am here asking for help and advice. If any lawyer say I have a case I would definitely ask for professional help. I learned later on that the town approved a new rule for new construction now flippers needs to have hearing. But as the current flipper pulled the permit before that rule so there were no hearing. I worked very hard to get the cheapest house on the corner so my kids can go a better school. Those flippers too greedy build a house they won't live in. If this is my neighbor I won't say a word. All I am asking them is don't build that deck too close or build it as they pulled the plan. They don't care a little guy like me so I am seeking for advice and help. Hire a layer, get land survey could cost 3-5k to start. I want to get some help before I can start. I am not seeking for money from the flipper. They are too greedy that if there is any settlement money to the case I won't take a penny and give it all to the lawyer. I just want my right and want the deck not build too close.
 

eddieMa

Junior Member
Some developers just seem to get extra special nice treatment locally ...you may need to do a very serious war danceS with local counsel ,no,clue which dance may work in your community or who connects to whom, need multiple dances to see which one might work...target getting a stop work order or local equivalent BEFORE project is done andmseek that anything and everything be torn down andmrempved back to Code as required ...

Do not use counsel whose work depends on City or developers .

Time is money to developer ..and if developer get hit with stop work orderS that commands a lot of attention...
Thank you for the helpful comment!!
When I ask building inspector the keep saying just get land survey then go from there.
But the same inspector showed me the exceptions too.
If I have a case even is a up hill case I won't win I want to fight for my rights.
 

eddieMa

Junior Member
make yourself a menace to the degree possible that is legally allowed under the law.

paint your house some ugly color

put up a peeing cupid statue.

get a couple of menacing pit bulls

junk cars.

There are lots of ways to be unneighborly.

That's what I'd do. I would be the most hateful person possible. Within the law, of course. ;)
Thank you for the advice!!
For a second I thought about those too...
But my neighbors are all nice. I don't want to cause trouble for them.
I have issue with the flipper not my neighbors. How much they would lose not to build a deck or build a deck follow the constructor plan.
They don't care a little guy like me. The new house would worth double than mine, more $$ is good for them they don't care.
They won't live here anyway. They do this for living they knows the loopholes, 2 million revenue a year good for them.
All i am asking is please don't build the deck too close that is all I am asking and they don't care.
 

xylene

Senior Member
Thank you for the advice!!
For a second I thought about those too...
But my neighbors are all nice. I don't want to cause trouble for them.
I have issue with the flipper not my neighbors. How much they would lose not to build a deck or build a deck follow the constructor plan.
They don't care a little guy like me. The new house would worth double than mine, more $$ is good for them they don't care.
They won't live here anyway. They do this for living they knows the loopholes, 2 million revenue a year good for them.
All i am asking is please don't build the deck too close that is all I am asking and they don't care.
If you neighbors no help, maybe they not so nice.

or maybe they 'nice' but want no trouble. no trouble, everyone want no trouble.

They have a permit. so option remaining is to make trouble.

Ask for allies or go it alone. go it alone it tough, extra so to make no trouble.

maybe it's no trouble to just live with deck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top