Fire separation distance for existing building on separate lot

[Christine]

What if the old existing house B is encroaching over the property line, and the new neighbor A has a clear right to have the encroaching wall demolished? Would that make it easier for A to put in a new structure without worrying about fire separation distance from house B?

In general, it seems hard to tease out whether fire separation distances only apply to structures on the same premises, or whether a new structure’s FSD is affected by existing structures on an adjacent, separate, neighbor's property, when they are close to the lot line. The code seems to take this for granted, but where is it granted? Are existing buildings on separate premises exempt by tacit omission?

If the new neighbor A had a clear right to demolish the encroaching wall, then house B would fall down completely. I do not think that neighbor A has a right to determine whether house B is completely demolished, which is what would happen. I still think that the bank financing house A, if they had been doing their due diligence would have flagged the encroachment of house B, and there would have to be either an easement or a property line adjustment in which owner B would pay owner A for the extra property assigned to owner B as a result of the PLA.

 

[Jay Smith]

If there were a dispute over ownership of the land occupied by the existing house, I wonder if the existing house wins based on adverse possession.

 

[tmurray]

Is the lot line moved merely for purposes of the FSD -- or does the legal lot line change and the ownership of the encroaching slice of land shifts from owner A to owner B? Thanks

Legal lot line change.

 

[tmurray]

If there were a dispute over ownership of the land occupied by the existing house, I wonder if the existing house wins based on adverse possession.

I didn't even think of adverse possession. It has been all but abolished here, with exception of very specific cases.

 

[my250r11]

You are getting to far into the weeds. This is a legal matter not a code matter. It needs to be cleared up by the judge before construction starts. If the existing building has been there for a long period of time you would have a hard time convincing any court that the neighbor can demolish it. Most states have laws pertaining to this. I have seen a few that the judge required the existing owner to buy out the slice of property some times to include the minimum zoning clearances from the other neighbor and move the lot line. We enforce building code. We are not lawyer or judges. This should be resolved in the courts then you will have the info you need to move forward. Be careful not to instruct or tell a person they can demo someone else's property, this could make you liable.

I have always been instructed that the FSD imaginary line can be placed where ever the DP wants to put it, on the same lot. Property lines are legal lines and require a legal process to move or create.