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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption