What’s the minimum distance a neighbor can locate their home to my prpperty line?

UPDATED: Sep 17, 2011

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What’s the minimum distance a neighbor can locate their home to my prpperty line?

Asked on September 17, 2011 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no general answer to your question--federal, or even state law, does not address this issue. Also, the common law, or caselaw, does not address this issue, either. Rather, it is addressed only at a local level. You need to check the zoning and other housing/building related laws in your community. You should be able to find these laws or ordinances from town or city hall--try contacting your local housing or building department.

Even if those laws specify a minimum distance, though, it may be possible for the neighbor to obtain a variance, or an exception, allowing them to build closer than normally allowed--most communities will have a process by which a person can request an exemption to building codes or rules.

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.

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