Michael Posted September 17, 2005 Share Posted September 17, 2005 A builder has been building behind my home now for about a year. It Quote Link to comment Share on other sites More sharing options...
nmainguy Posted September 18, 2005 Share Posted September 18, 2005 A builder has been building behind my home now for about a year. It Quote Link to comment Share on other sites More sharing options...
nmainguy Posted September 18, 2005 Share Posted September 18, 2005 [sorry, didn't finish my post] I've been fighting to get a brick wall that was built on city right of way removed since the end of July. Check out the saga here: http://www.houstonarchitecture.info/haif/i...=50entry48296 I finally prevailed but it was a frustrating exercise. It sounds like they think they have zero lot line rights. I'm not sure if we have any areas in Houston that allow that. Keep us posted. Quote Link to comment Share on other sites More sharing options...
Dobiestud Posted September 19, 2005 Share Posted September 19, 2005 I would possibly try to call the police on them. Especially if you have a survey and know exactly where your line is, try the police or go to I think JP court to get an injunction on them to permanently stop coming onto your property. You can always consult an attorney to handle it for you. Also see if you can work out a deal with them. Its sad though how irresponsive the city and its police is in these circumstances. Quote Link to comment Share on other sites More sharing options...
RedScare Posted September 19, 2005 Share Posted September 19, 2005 This is not a police problem. Don't waste their time. Contact your city councilperson, or, better yet, contact the permit office. Ask to speak to an inspector with juridiction over this issue.Normally, structures must be built 3 feet from the lot line. These builders may have obtained a variance. The inspector can tell you if they have. In any event, if they are over the line, the structure must be removed. Be insistent.If they are trespassing on your property to access the structure, call the police to give them a criminal trespass warning. If it happens again, they can be arrested. If they have damaged your property, get an attorney to demand reimbursment or remediation. You can sue if you get no relief. Quote Link to comment Share on other sites More sharing options...
Michael Posted September 20, 2005 Author Share Posted September 20, 2005 Thanks for the info. Will check back latter. Quote Link to comment Share on other sites More sharing options...
gto250us Posted September 20, 2005 Share Posted September 20, 2005 A builder has been building behind my home now for about a year. It Quote Link to comment Share on other sites More sharing options...
RedScare Posted September 21, 2005 Share Posted September 21, 2005 Unfortunately what you describe can be attributed, somewhat, to a lack of zoning in Houston. City government has been run forever by developers and they do pretty much as they please. <{POST_SNAPBACK}> Unfortunately, you are completely and utterly full of it. No one anywhere has the right to build on your property, and the law is very clear about the remedy for it. It has nothing to do with zoning, or the lack of it. Go find something else to blame on (non) zoning. This aint it. BTW, who do you think is appointed to zoning boards...nuns? Quote Link to comment Share on other sites More sharing options...
eelimon Posted September 21, 2005 Share Posted September 21, 2005 This is not a police problem. Don't waste their time. Contact your city councilperson, or, better yet, contact the permit office. Ask to speak to an inspector with juridiction over this issue.Normally, structures must be built 3 feet from the lot line. These builders may have obtained a variance. The inspector can tell you if they have. In any event, if they are over the line, the structure must be removed. Be insistent.If they are trespassing on your property to access the structure, call the police to give them a criminal trespass warning. If it happens again, they can be arrested. If they have damaged your property, get an attorney to demand reimbursment or remediation. You can sue if you get no relief.<{POST_SNAPBACK}>RedScareCould Michael end up with ownership of the property in question if this ends up in court as part of a settlement? Quote Link to comment Share on other sites More sharing options...
RedScare Posted September 21, 2005 Share Posted September 21, 2005 Not the property next to his, but maybe the 1 1/2 inches on his land. The more likely scenario is he wins a removal of the offending structure (up to 3 feet, if this is Houston and no variance was granted), and monetary damages for damage to his property and attorney's fees. Michael, PM me, if you would like the number of an attorney to answer questions about this situation. Quote Link to comment Share on other sites More sharing options...
Michael Posted September 21, 2005 Author Share Posted September 21, 2005 Now the owners, (well the secretary of the builder, who I always have to talk to) said they will be in the yard to shave off the inches and have to put up scaffolding this week. I told her hang on one sec. If you are going to be in my yard with all of that I want to be compensated. I don Quote Link to comment Share on other sites More sharing options...
Michael Posted September 21, 2005 Author Share Posted September 21, 2005 Not the property next to his, but maybe the 1 1/2 inches on his land. The more likely scenario is he wins a removal of the offending structure (up to 3 feet, if this is Houston and no variance was granted), and monetary damages for damage to his property and attorney's fees. Michael, PM me, if you would like the number of an attorney to answer questions about this situation. <{POST_SNAPBACK}> Thanks that would be great. I have a friend attorney that really has no clue. But one that I can talk to that did would be awesome! Quote Link to comment Share on other sites More sharing options...
RedScare Posted September 21, 2005 Share Posted September 21, 2005 Tell them to take their scaffolds away, as well as other potential projectiles, until next week.I'll PM the name & number. Quote Link to comment Share on other sites More sharing options...
Jeebus Posted September 21, 2005 Share Posted September 21, 2005 The owners have said that they are going to take two inches off the town home to get it to fit on their side. <{POST_SNAPBACK}> Well, I don't know your situation, so I won't attempt to insult you as to why you let them on your property in the first place. As to them "shaving" the home to fit, how exactly do they propose to do so? If the home is built on a slab then you're talking about a monumental feat. Hopefully its built on piers. Eitherway - a shotgun, a dog, and a bad attitude will fix the whole "they don't respect me and trample through my yard" business. Quote Link to comment Share on other sites More sharing options...
gto250us Posted September 21, 2005 Share Posted September 21, 2005 Blame it on a lack of zoning. It is amazing that the 4th largest city in America can get by with out zoning. But the deveolpers run things here and they do what they want. Planning ? forget it. Planning would hinder development. Mass transit? Forget it that would get folks out of their cars and away from the strip malls. No place else in this county would alow for this type of disregard.The last time the zoning issue was put before the voters the developers convinced folks that it would cause taxes to go up. Why would they go up? BECAUSE PROPERTIES WOULD BECOME MORE VALUABLE - DAH Quote Link to comment Share on other sites More sharing options...
eelimon Posted September 21, 2005 Share Posted September 21, 2005 Well, I don't know your situation, so I won't attempt to insult you as to why you let them on your property in the first place. As to them "shaving" the home to fit, how exactly do they propose to do so? If the home is built on a slab then you're talking about a monumental feat. Hopefully its built on piers. Eitherway - a shotgun, a dog, and a bad attitude will fix the whole "they don't respect me and trample through my yard" business. I think they would have to buy the property they built over. Since it is Michael's then he would get paid. The same thing happen in San Antonio Joskies built their store in the mall downtown, off the river walk. When an old church would not sell their property the Store decided to build around the church. Soon after they discovered that they built the department store 8 Quote Link to comment Share on other sites More sharing options...
nmainguy Posted September 21, 2005 Share Posted September 21, 2005 As to them "shaving" the home to fit, how exactly do they propose to do so? If the home is built on a slab then you're talking about a monumental feat. Hopefully its built on piers. A monumental feat? Who cares if they built it on a slab or piers? They built it on Michael's land illegally. I propose they do whatever is necessary to rectify the problem of their own creation. Without further delay. With full restitution. Quote Link to comment Share on other sites More sharing options...
Jeebus Posted September 21, 2005 Share Posted September 21, 2005 A monumental feat? Who cares if they built it on a slab or piers? They built it on Michael's land illegally. I propose they do whatever is necessary to rectify the problem of their own creation. Without further delay. With full restitution. I agree. I am simply saying that if its built on a slab - he's better off going for a monetary settlement for the inch & one-half. If its built on piers, then they will most likely jack and shift it before paying out. Eitherway he's owed. It just depends on the construction of the home as to when & how much compensation he'll actually receive. Quote Link to comment Share on other sites More sharing options...
Michael Posted September 21, 2005 Author Share Posted September 21, 2005 Oh no, I haven Quote Link to comment Share on other sites More sharing options...
eelimon Posted September 26, 2005 Share Posted September 26, 2005 Oh no, I haven Quote Link to comment Share on other sites More sharing options...
TJones Posted September 26, 2005 Share Posted September 26, 2005 Michael, call Marvin Zindler and Akin's Army. They have "wet dreams" over these kinds of David and Goliath situations. Just make sure you have all your ducks in a row, before you go to this extreme. Make absolutely sure that, they are on "YOUR PROPERTY" ! Have you had your land re-surveyed since this has occurred. Just because they are over your fence, doesn't mean that the fence wasn't put up 2 inches back more than it should have. I'm sure you've had that fence in place for years and years before these jokers came along. Just because they are a BIG CORPORATE ENTITY, doesn't mean they don't do their homework, they get the land surveyed before they build, and if you are in the city of Houston, they have to get the proper permits to build, that means someone "approved' their plans before they put one shovel into that piece of land. I hope you kick their asses myself, If you are in the right, make them pay you handsomely for that 2 inches, they rather pay up than move a whole building. Quote Link to comment Share on other sites More sharing options...
ldogg Posted September 26, 2005 Share Posted September 26, 2005 try calling the permit office.... 713-535-7800... also check the website www.houstonpermits.com and put in the address of the development to see what the permit/project # is.... if they are in Houston then there should be the 3' setback rule unless granted an exception... I would tell the builder that you will not allow them on your property until you have discussed the situation with the permiting office and your attourney... can you post pictures of what they are doing?? and no way should you accept "shaving" a couple of inches if they are still encroaching on the 3' setback.... Quote Link to comment Share on other sites More sharing options...
Michael Posted September 27, 2005 Author Share Posted September 27, 2005 Thanks everyone. I am getting an attorney and let you all know how things turn out. I will try to post some photos. I may even call Marvin Zindler, TJ. Quote Link to comment Share on other sites More sharing options...
TJones Posted September 27, 2005 Share Posted September 27, 2005 Thanks everyone. I am getting an attorney and let you all know how things turn out. I will try to post some photos. I may even call Marvin Zindler, TJ. i wouldn't try to steer you wrong. That guy is nuts, and he is just itching for something to jump. Quote Link to comment Share on other sites More sharing options...
jscarbor Posted December 14, 2005 Share Posted December 14, 2005 Any update for us? Quote Link to comment Share on other sites More sharing options...
KatieDidIt Posted December 14, 2005 Share Posted December 14, 2005 (edited) Any update for us?In my experience Associations handle this and even fund the mediation. At least Tanglewood did when we had problems with a builder behind us.Also, they will have a terrible time closing on the property if the property lines don't match the surveys on record Edited December 14, 2005 by KatieDidIt Quote Link to comment Share on other sites More sharing options...
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