A little over two years ago I purchased a home. When I went to have my plans ( addition of bath room) approved for a building permit, I lear...

Question

A little over two years ago I purchased a home. When I went to have my plans ( addition of bath room) approved for a building permit, I learned that my neighbor's swimming pool was partially (700 sq. Ft.) on my side of the property line. I was told this was a zoning violation. I had a survey done and it agreed as to the encroachment. After hiring an atty, we had a hearing where the judge awarded me some funds for the 700 sq. ft. His ruling will be recorded and fixed the new property line along an existing fence line. But the judge did not order my neighbor to have the new line recorded by submitting the required line change documents at city zoning. There is a fee ($3,600.00)and a fine ($1,000.00)

My neighbor is an elderly woman and has no funds. My award will be recorded and is to be paid when the property is sold or changes ownership.

Question: Will the judges ruling be accepted in stead of the required documents at zoning and will I then be able to get a building permit...??

Answer

The attorney you hired should have taken care of that issue and made that part of your claim for damages. I do not know if he/she did; if they did not they may have committed malpractice. Certainly they should be asked to pay at least part of that cost, especially since it sounds as though it was an open and shut case where a settlement could have been negotiated with the neighbor [she will probably stay there until she dies so what ever you are paid by her does not come out of pocket as opposed to her heirs]. You need to call up the zoning department to see what they will do and allow. I do not see how that is a zoning violation as zoning deals with whether structures are allowable, not whether there is a trespass. What if you had given the neighbor permission to build on your property; could they deny her building the pool because it is not on her property -- no. As to your having to pay a fine for the violation, you did not violate anything, she did. But as to the line change you have agreed to it so the county may very well charge you as they supposedly are making you pay for the cost of their redrawing county documents showing where the new property line is.

not proof read

Answer

I agree with Mr. Shers that your former attorney left you with an unsolved problem, but maybe that wasn't included in the scope of work you paid him or her to do. As things stand, it is now up to the reasonableness of the permit folks to decide whether to issue a permit after everything you've done, although it seems unfair of them to have refused your permit in the first place, when the trespass wasn't your fault.