Can I sue my neighbor for a structure that was built but not up to code?

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Can I sue my neighbor for a structure that was built but not up to code?

My neighbor decided to build a 15 foot high shed right on my property line. It is ugly and makes my back yard look horrible. He did not get the proper permits or zoning for this. He is staring into my windows every day and evening while working on this illegal structure. I have called the city about it and a local community group. I have received no help. It is a quality of life issue. To avoid looking at this eye sore I am going to have to get a permit to do construction to block the ugly view of it.

Asked on July 31, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Potentially you can file a legal action against your neighbor for building a structure not up to code on a nuisance theory since the local building and permit governmental officials have not responded to your requests to look into the lack of approval for the structure.

Before filing suit, perhaps you might want to write a letter to your city council and/or county supervisor about the shed next door built without code approval and the fact that local building and permit governmental officials have not adequately responded to your inquiries.

Your city counsel or county supervisor may get the result you want without the need for you to incur legal expenses for a lawsuit.

You might also consider consulting with a real estate attorney as well about the situation.

Good luck.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Potentially you can file a legal action against your neighbor for building a structure not up to code on a nuisance theory since the local building and permit governmental officials have not responded to your requests to look into the lack of approval for the structure.

Before filing suit, perhaps you might want to write a letter to your city council and/or county supervisor about the shed next door built without code approval and the fact that local building and permit governmental officials have not adequately responded to your inquiries.

Your city counsel or county supervisor may get the result you want without the need for you to incur legal expenses for a lawsuit.

You might also consider consulting with a real estate attorney as well about the situation.

Good luck.

 


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