What are my rights if construction affects my compliance with fire code?

UPDATED: Oct 1, 2022

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What are my rights if construction affects my compliance with fire code?

My neighbours are planning to build a house that would result in my chimney being too short. Fire code requires it must be 2 feet taller than structures within 10 feet — construction would be within that space and resulting wall will extend higher than my chimney. It will cost $15,000 to rectify. Do I have legal recourse?

Asked on October 17, 2018 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you would have legal recourse if the neighbor is complying with all code, etc. affecting his property and house (I.e. everything he is doing is legal on his plot). A person may legally build, expand, renovated etc. any structure on his land even if it has a negative impact on his neighbors; people are responsible for the impact on neighbors so long as what they are doing is legal. This is why, for example, there is no recourse when someone builds a home blocking a neighbor's scenic view reducing the neighbor's property value.

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