Zero Lot Line Setback

[Good Neighbor]

I have a two story single family dwelling with a zero lot line. My neighbor on the 'zero lot line' side of my home has built an aluminum storage shed right up against my house and is refusing access to his back yard which is preventing the painter I've hired from painting that side of my house. Do laws exist which which require setback requirements for zero lot line homes? Do I have legal access to maintain the wall that abuts his property?

 

[Mr. Inspector]

It depends if they needed a permit for the shed:

R302.1 Exterior walls. Construction, projections, openings
and penetrations of exterior walls of dwellings and accessory
buildings shall comply with Table R302.1(1); or dwellings
equipped throughout with an automatic sprinkler system
installed in accordance with Section P2904 shall comply
with Table R302.1(2).
Exceptions:
1. Walls, projections, openings or penetrations in walls
perpendicular to the line used to determine the fire
separation distance.
2. Walls of dwellings and accessory structures located
on the same lot.
3. Detached tool sheds and storage sheds, playhouses
and similar structures exempted from permits are
not required to provide wall protection based on
location on the lot. Projections beyond the exterior
wall shall not extend over the lot line.
4. Detached garages accessory to a dwelling located
within 2 feet (610 mm) of a lot line are permitted to
have roof eave projections not exceeding 4 inches
(102 mm).
5. Foundation vents installed in compliance with this
code are permitted.

 

[Good Neighbor]

Thanks for replying.

Could you provide a reference to the information you provided? I would like to learn as much as I can about the situation.

 

[cda]

I have a two story single family dwelling with a zero lot line. My neighbor on the 'zero lot line' side of my home has built an aluminum storage shed right up against my house and is refusing access to his back yard which is preventing the painter I've hired from painting that side of my house. Do laws exist which which require setback requirements for zero lot line homes? Do I have legal access to maintain the wall that abuts his property?

You have no right to enter his backyard!!!!!!!!!!!!!!

 

[cda]

Any HOA for this development???????


If so any HOA rules that allow you to legally access your neighbors backyard??

 

[Good Neighbor]

There is no HOA associated with either property.

 

[cda]

There is no HOA associated with either property.

You have no legal right to enter your neighbors backyard, especially if it is fenced off.

 

[classicT]

You have no right to enter his backyard!!!!!!!!!!!!!!

You have no legal right to enter your neighbors backyard, especially if it is fenced off.

Hold your horses CDA...

Within the sale and purchase agreements for twin homes(twin homes/duplexes are real estate terms, not building code), there are typically provisions for shared responsibility and access to perform maintenance. I would suggest that you look into the sale and purchase agreement that you received when you bought the property. Perhaps get legal counsel from either a real estate professional, or a lawyer.

Ultimately, the two SFDs with 0-ft offset to property line, will often have some shared components. (i.e. the roof will typically be connected) It is for this reason that there has to be an agreement in place for situations such as this.

 

[Good Neighbor]

Thanks classicT. It seems unlikely that the city would grant permits to build a house on a property line without providing a provision for maintaining the house. I ask permission from my neighbor every fall for access to my wall in order do rain gutter cleaning. This is the first time I've had to paint.

 

[classicT]

Thanks classicT. It seems unlikely that the city would grant permits to build a house on a property line without providing a provision for maintaining the house. I ask permission from my neighbor every fall for access to my wall in order do rain gutter cleaning. This is the first time I've had to paint.

The city would not require anything in the way of access.

That is your responsibility to get. Most of the time, this is well known by way of the type of construction, so it is by default included in the purchase and sale agreement. The City has no involvement in that process, as it is a real estate transaction.

 

[Good Neighbor]

I see. Thanks.

 

[cda]

Hold your horses CDA...

Within the sale and purchase agreements for twin homes(twin homes/duplexes are real estate terms, not building code), there are typically provisions for shared responsibility and access to perform maintenance. I would suggest that you look into the sale and purchase agreement that you received when you bought the property. Perhaps get legal counsel from either a real estate professional, or a lawyer.

Ultimately, the two SFDs with 0-ft offset to property line, will often have some shared components. (i.e. the roof will typically be connected) It is for this reason that there has to be an agreement in place for situations such as this.

Agree with your point:::


Any HOA for this development???????


If so any HOA rules that allow you to legally access your neighbors backyard??

 

[cda]

Thanks classicT. It seems unlikely that the city would grant permits to build a house on a property line without providing a provision for maintaining the house. I ask permission from my neighbor every fall for access to my wall in order do rain gutter cleaning. This is the first time I've had to paint.

So will he allow you in his yard???

And the only problem is how to access a portion of your wall, due to the shed??

 

[classicT]

Agree with your point:::


Any HOA for this development???????


If so any HOA rules that allow you to legally access your neighbors backyard??

Again, it would not be via HOA. It would be per the purchase and sale agreement.

A HOA deals with neighborhood aesthetics. They can place leans if a property is in disrepair, yard has weeds, etc. The intent of an HOA being to preserve property value within the neighborhood and maintenance of common spaces/tracts. HOA cannot provide or grant access to trespass.

 

[Good Neighbor]

There is no HOA, but if I recall from my original purchase (2004...so memory fades) there were CCRs that apply. I'm going to look into that.

 

[cda]

Again, it would not be via HOA. It would be per the purchase and sale agreement.

A HOA deals with neighborhood aesthetics. They can place leans if a property is in disrepair, yard has weeds, etc. The intent of an HOA being to preserve property value within the neighborhood and maintenance of common spaces/tracts. HOA cannot provide or grant access to trespass.

Understand, legal issue

 

[cda]

There is no HOA, but if I recall from my original purchase (2004...so memory fades) there were CCRs that apply. I'm going to look into that.

So will he allow you in his yard???

And the only problem is how to access a portion of your wall, due to the shed??