Neighbors House Built Over the Property Line in Denver

by Sean O'Hara on December 29, 2009

We are currently putting together a duplex plan in Denver’s Five Points neighborhood. We’ve done quite a few duplexes in Denver but this one is unique because the neighbor’s side porch encroaches more than 3′ over the property line onto our client’s site. Including the eave and gutter its only 20″ from the proposed side of our house.

I called the Denver building department and they confirmed my suspicions. Their only concern is that the neighbors house is properly shored to prevent it from falling into the hole that our client digs for the basement. When it comes to actually resolving the encroachment, it is purely a civil matter for the two neighbors to straighten out.

What makes the exact spot of the encroachment particularly difficult is that is coincides with an 18″  fireplace bump out in our floor plan. If the neighbor’s porch needs to remain it will mean some revisions to the floor plan on our property along with additional shoring cost.

The next step will be for our client to get in touch with the neighbor and see what can be worked out or what will have to be redesigned. When building in older neighborhoods the neighbors relationship to the property line is often a little off, but this is one of the worst that I’ve seen.


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