anyone know about property laws?

[huberm]

I bought my house about a year ago, and my backyard is adjacent to a car dealership, and to the side there was a vacant lot.

Just recently the car dealership purchased the vacant lot and is building on it, so I will soon be surrounded on two sides by a car lot.

Is there anything I can do to prevent them from doing this, or to receive compensation if this decreases the value of my property severely? Or possibly force them to put up a giant privacy fence? Where can I go to get more information?

Thanks!

 

[junkerman123]

It'll be a weak case...

You definitely can't prevent them from doing this, and I doubt you can sue for damages. A fence might be an option. I would talk to a lawyer, but wouldn't get my hopes up.

Sorry I can't help more...I'm a contract law guy.

 

[NogginBoink]

Property law varies by state.

Zoning law varies by municipality within the state.

And there are additional complexities in there that I'm sure I'm not aware of.

You need to talk to a local lawyer.

However, given my limited knowledge of law, you likely have zero recourse. You may wish to consider approaching the dealership and offering to sell them your property.

 

[RKS]

you really can't sue for damages unless you have some type of trespass which could be a severe sound, odor, or some physical enchrochment onto your property.

You may have a future private nuisance claim but seeing as you moved to the lot that has been zoned for business with an existing business next door that may be a weak case.

As far a decrease in property value, that is an effect, not the cause so that probably allows no recourse either.

You could ask the court for an injunction but courts usually won't stop business growth because of 1 complaint unless it is a severe injustice and the chances of you winning a permanent injunction are great.

Contact an IN attorney who deals in real property matter.

 

[waggy]

yeah sale your land to them and quit whining?

other then check zoning laws (i bet they already have) if the property is not zoned for it then they can't build. IF you go in and talk to the owner nicely and none threatening they may build a fence for you or go half on it.

you are not going to get a court order against them. since you knew the dealership was there and you had opportunity to purchase the land.

 

[iamwiz82]

Friends of ours had an issue with a Walgreens going up next to them. They asked Walgreens if there was anyhting to do, and they paid for a privacy wall and mature pines trees to hide the parking lot from them.

 

[greys2k]

iamwiz <-- that's about all they will offer you

 

[QED]

In a lot of municipalities here in Ohio, if a new construction permit is requested then nearby residents are given notice so that they can attend the zoning/planning board meeting to discuss any particular concerns. I wonder if your city does something similiar.


Anyways, talk to the dealership and see what their plans were as far as building a fence or what not. If you don't get a favorable response, talk to your local city councilman and/or mayor's office-- they are the ones that can actually do something about it.

But like others have said, about all you can probably ask for and expect is a privacy fence or some other sort of buffer. And if the mayor and dealership owner are friends, you probably won't even get that.

 

[huberm]

I'm not really interested in selling the property, I just want to make sure it won't make my home value go down a bunch. I suppose a privacy pence paid for by them would be great. I might have to give them a call tomorrow.

 

[dullard]

Originally posted by: huberm
I'm not really interested in selling the property, I just want to make sure it won't make my home value go down a bunch. I suppose a privacy pence paid for by them would be great. I might have to give them a call tomorrow.

I would expect that your house value is already down because of the dealership next to you. A bigger dealership won't harm you that much more. But still, ask for the fence. Asking can't hurt.