Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Looking at the aerial photos, the addition doesn't extend much beyond the original back of the home. To the extent there is a setback violation, it certainly wouldn't be new. How were the neighbors able to live in their home without that full 8 feet?[/quote]

The property line may not be a straight line, so while the structure might be built on a straight line, that doesn't mean that it mets the entire set back if the property line isn't straight.[/quote]

Right, but the point is that the rear of the structure only seems to extend 5 feet further back than the original structure. If the new structure is crosses the 8ft line, then the original one did, too. There's no significant difference here.[/quote]

There certainly can be a difference. If the actual property line is different from the line the contractor was following, then the new foundation could be crossing over the setback line. Hard to tell without looking at a survey. 
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The owner/son/GC admitted in an interview I saw that the “contractor” used the fence to measure for the set back assuming it was the property line but in fact it wasn’t identical to the property. Hence why the addition is in violation of the set back requirement and is too close. [/quote]

If the fence has been used as the de facto property line for many years, it seems pretty hard to credibly claim the neighbors are harmed by the encroachment.[/quote]

Um, no, that’s not the way it works. If you are the owner/contractor, you really need to get good advice from someone who knows what they’re talking about. The fence does not determine the property line. The property lines exist whether or not there is a fence on a property. Only a professional survey can show where the real property lines are.

Just out of curiosity, who put the fence up? Was there a survey with stakes marking the property corners? How do we know the fence is actually on the property boundaries?
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It looks like the fence was put up by the neighbors.[/quote]

It doesn’t matter. A professional survey will show the property lines. Posters need to go to law school apparently to understand real property, zoning and land use law. OMG [/quote]

It doesn't change the property line, but it does hurt the credibility of a claim that the neighbors will be affected by the 6 inches.[/quote]

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