This story takes place in an incorporated "city" in the State of New Mexico, USA.
A new home has recently been constructed on the lot adjoining mine replacing and older, smaller structure. This construction falls within legal zoning as far as I can tell but it is a large home on a smaller lot, right up to the side setbacks (about 5 feet). There are two fences separating the two properties, a short chain-link on their side (the original common fence) and a taller (but legal) cedar-slat fence installed (years back) just inside our property line.
During construction I noticed that their foundation level rose at least a foot above sidewalk/lot level. The neighborhood is completely flat although some of the older homes (like mine) have crawlspaces beneath with window entrances near ground level.
As construction neared completion they built up a clayish soil fill alongside their home between their foundation and the fences. This effectively raises their lot at least a foot above mine along the complete length of the property (over a hundred feet), tapering down to sidewalk level at the front and back. They constructed no soil retention measures, they just filled it in with a Bobcat.
Welcome spring rains. Now I have clay washing onto my property and killing my lawn. Also, because of their single, high-gable roof I am now collecting half of their entire improved-property water run-off alongside my house, endangering my basement/crawlspace to flooding.
What are my options here?
Do I have to pay to construct a wall to keep floodwaters and sediment OUT of my property?
Is the city at least partially responsible for this problem because they issued (and approved) a building permit for this construction without requiring soil retention measures?
This problem did not occur with the structure that was replaced. It existed at the same level and their yard was at the same level as everyone else's BEFORE this new construction.
Additionally, they have mounted high-wattage lights around the outside of their structure, above the six-foot fence and aimed straight into ALL the windows along that side of our home. I don't really understand why, they have no yard left to look at after max-ing the lot for construction. These lights are left burning 24/7 and throw strong shadows across our property throughout each night.
What are my chances of getting a variance to construct a wall to replace the two fences? Maybe an 8-footer, 2 feet taller than allowed to block some of the light pollution?
I'd like to know some of my legal options before I pursue the illegal ones.
Yours truly,
Psychotic & Too Well-Armed
A new home has recently been constructed on the lot adjoining mine replacing and older, smaller structure. This construction falls within legal zoning as far as I can tell but it is a large home on a smaller lot, right up to the side setbacks (about 5 feet). There are two fences separating the two properties, a short chain-link on their side (the original common fence) and a taller (but legal) cedar-slat fence installed (years back) just inside our property line.
During construction I noticed that their foundation level rose at least a foot above sidewalk/lot level. The neighborhood is completely flat although some of the older homes (like mine) have crawlspaces beneath with window entrances near ground level.
As construction neared completion they built up a clayish soil fill alongside their home between their foundation and the fences. This effectively raises their lot at least a foot above mine along the complete length of the property (over a hundred feet), tapering down to sidewalk level at the front and back. They constructed no soil retention measures, they just filled it in with a Bobcat.
Welcome spring rains. Now I have clay washing onto my property and killing my lawn. Also, because of their single, high-gable roof I am now collecting half of their entire improved-property water run-off alongside my house, endangering my basement/crawlspace to flooding.
What are my options here?
Do I have to pay to construct a wall to keep floodwaters and sediment OUT of my property?
Is the city at least partially responsible for this problem because they issued (and approved) a building permit for this construction without requiring soil retention measures?
This problem did not occur with the structure that was replaced. It existed at the same level and their yard was at the same level as everyone else's BEFORE this new construction.
Additionally, they have mounted high-wattage lights around the outside of their structure, above the six-foot fence and aimed straight into ALL the windows along that side of our home. I don't really understand why, they have no yard left to look at after max-ing the lot for construction. These lights are left burning 24/7 and throw strong shadows across our property throughout each night.
What are my chances of getting a variance to construct a wall to replace the two fences? Maybe an 8-footer, 2 feet taller than allowed to block some of the light pollution?
I'd like to know some of my legal options before I pursue the illegal ones.
Yours truly,
Psychotic & Too Well-Armed