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Old 07-29-2023, 10:19 AM
 
Location: New York
122 posts, read 235,692 times
Reputation: 107

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Quote:
Originally Posted by lauradrops View Post
So thanks to all for the info. I am going to get a new survey done. The fence is on my driveway line and I want to make sure my driveway has the space I believe is ours as per the survey done in 1962. If it were the other side of my house, I would not care so much.

This is why people are required to submit a survey when applying for the permit. Now their fence becomes my headache.
When you get the survey done, get them to stake the property at all four corners.
Or go to the town and do a foil request for your neighbor's survey.
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Old 07-29-2023, 11:15 AM
 
913 posts, read 886,523 times
Reputation: 1747
Quote:
Originally Posted by cmontesi View Post
When you get the survey done, get them to stake the property at all four corners.
Or go to the town and do a foil request for your neighbor's survey.
Will do, thank you.
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Old 07-30-2023, 06:32 AM
 
Location: Former LI'er Now Rehoboth Beach, DE
13,056 posts, read 18,125,715 times
Reputation: 14019
Quote:
Originally Posted by RPC324 View Post
If it's not on his property, it's technically not his violation. It becomes a civil matter between the two property owners, not the Town. 95% chance any municipal enforcement officer would try to tie the violation to the owner who put up the fence, but mess up the filing since technically the violation occurred on the aggrieved party's property.
Ordinarily, I would agree but in this case, since there are so many violations, I am guessing it would be part of the list.
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Old 07-30-2023, 04:46 PM
 
Location: New York
122 posts, read 235,692 times
Reputation: 107
Well, we dont know the situation aside from complaints from one side.
Again, you cant sell a house with current violations unless its a cash-only transaction and for that, the new owner is notified of violations through lawyers.

I have a client who did a fence first and then a pool. He wanted privacy first and did not want to do the pool until next year which is okay as permits are valid for 24 months.
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Old 07-30-2023, 06:34 PM
 
913 posts, read 886,523 times
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Quote:
Originally Posted by cmontesi View Post
Well, we dont know the situation aside from complaints from one side.
Again, you cant sell a house with current violations unless its a cash-only transaction and for that, the new owner is notified of violations through lawyers.

I have a client who did a fence first and then a pool. He wanted privacy first and did not want to do the pool until next year which is okay as permits are valid for 24 months.
Correct, the flipper got a stop work order and had to pay and fix things he did in order to sell the house.
New buyer came in and did tons of work in the first week and a half a lot of which required permits.

Are you actually suggesting the flipper paid for extra permits that a future owner may want when he didn't even apply for them himself for the work he did? Silly assumption, but I guess anything is possible.
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Old 08-10-2023, 05:38 PM
 
Location: New York
122 posts, read 235,692 times
Reputation: 107
Quote:
Originally Posted by lauradrops View Post
Correct, the flipper got a stop work order and had to pay and fix things he did in order to sell the house.
New buyer came in and did tons of work in the first week and a half a lot of which required permits.

Are you actually suggesting the flipper paid for extra permits that a future owner may want when he didn't even apply for them himself for the work he did? Silly assumption, but I guess anything is possible.
The flipper mustve needed to file for plumbing, gas, electric and maintain.
If it’s minor, you can do it fast and get an electrical underwriter as well.
For all of that, you need an architect and contractors.
For contractors to get a permit, they will need contractors insurances, licenses, etc.
Once he/she gets that, then the town will give the flipper a permit.
In the construction process, there is a preinspection, rough in inspection, framing inspection, final plumbing/gas/etc inspection. Then you get a certificate of completion.
While you cant sell the house with open violations, you can sell a house fully permitted to take care of those violations. Not only that but you can file for an amendment to plans already in the town. Filing an amendment will get an expedited review.

We dont know the scope of work for the house in question, if amendments were file in the middle of the sale or if there was an additional permit open for the house which will get an expedited review since the same plan examiner who approved previous plans for that residence will also be in charge of reviewing amendments and new permits linked to the main building permit application.

Maybe in the scope of work of the original application, the approved plans are calling for new impervious pavers. Maybe it is calling for a new fence and the fence is already permitted as a separate application. Perhaps the buyer bought the house fully aware that he needed to do those changes and he loved those changes(hence why he bought the house to begin with).

I’ve worked with many clients and permits are just transfered to the new owners. You just update them with the town.
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Old 08-10-2023, 08:11 PM
 
913 posts, read 886,523 times
Reputation: 1747
So no more maybe anything. The TONH was there today and it was all done without permits. It is also done incorrectly. (which we already knew)

I guess the next step is to see what they make them do. Some of the improvements look really nice so hopefully it wont be too bad for them. It seems after the fence went up, they poured concrete where they didn't put pavers and it creeped under their fence and into my fence. That just shouldn't be.
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Old 08-10-2023, 08:19 PM
 
913 posts, read 886,523 times
Reputation: 1747
Quote:
Originally Posted by cmontesi View Post
The flipper mustve needed to file for plumbing, gas, electric and maintain.
If it’s minor, you can do it fast and get an electrical underwriter as well.
For all of that, you need an architect and contractors.
For contractors to get a permit, they will need contractors insurances, licenses, etc.
Once he/she gets that, then the town will give the flipper a permit.
In the construction process, there is a preinspection, rough in inspection, framing inspection, final plumbing/gas/etc inspection. Then you get a certificate of completion.
While you cant sell the house with open violations, you can sell a house fully permitted to take care of those violations. Not only that but you can file for an amendment to plans already in the town. Filing an amendment will get an expedited review.

We dont know the scope of work for the house in question, if amendments were file in the middle of the sale or if there was an additional permit open for the house which will get an expedited review since the same plan examiner who approved previous plans for that residence will also be in charge of reviewing amendments and new permits linked to the main building permit application.

Maybe in the scope of work of the original application, the approved plans are calling for new impervious pavers. Maybe it is calling for a new fence and the fence is already permitted as a separate application. Perhaps the buyer bought the house fully aware that he needed to do those changes and he loved those changes(hence why he bought the house to begin with).

I’ve worked with many clients and permits are just transfered to the new owners. You just update them with the town.
The flipper was a contractor who filed for nothing until he was shut down and forced to. At that point they made him stop and fix the things done incorrectly and required him to add things like an egress window for the newly finished basement. He had to stop doing work for quite some time and when he was allowed to work again it was not at the rushed pace as it was previously. Personally, I think he just put lipstick on a pig because the new roof is already broken off on some of the edges and the gutters are pulling away.
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Old 08-25-2023, 06:37 PM
 
Location: Great Neck, NY
61 posts, read 20,814 times
Reputation: 66
Quote:
Originally Posted by lauradrops View Post
Hi all, I just wanted to see if anyone had info regarding a new fence question.

I had a new neighbor move in directly next to me who is doing lots of unpermitted work. For the most part that is between him and the town, except this new fence he put up.

My house was previously owned by my parents who bought it in 1962. When my dad put in the fence all those years ago, he was required to put the fence 6" inside his property line. I am not sure what the requirement is today as far as how close to the property line a fence can be installed in TONH. Maybe someone who has actually done one recently can answer?

I know when I look it up on the town site they show where and how tall a fence can be, but not where as far as property line is concerned.

So the second issue is the new fence is 6' high all the way around. I know it can be 6' in the back, 5' on the sides and 4' in the front. That much is listed on TONH. And then to make matters worse, they installed it so it is pushing up against my fence, which concerns me because I don't need my fence becoming damaged or loose.

I don't want to be the kind of neighbor to call the town, but this is really annoying. At the very least he has taken 6" x 100' of my property by not doing things properly.

I think he will get a notice anyway because of the height of the fence and all of the obvious work he has done unpermitted but if anyone knows first hand about how close to the property line a fence can be installed I would appreciate the info.
It differs from town to town. I had fencing in a previous house and it had to be inside the property line. Where I am now you can put the fence directly on the property line. You have to check with the buildings dept of the town.
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