What is a setback in real estate?

A setback is the distance between a structure and a property line, a natural feature, a road right-of-way, and other improvements. In all residential and rural zoning districts, setbacks are required from all property lines and roadways. The rear property line is the line opposite the front line.

Why are setbacks bad?

Setbacks are bad economically, but we can also touch on aesthetics. Instead, setbacks are bad economically as they force us to consume more land than needed and encourage land consolidation, they break the sense of enclosure on urban streets, and space our built environment out —making us travel farther to get places.

What should I do if my Neighbor is building on my property?

This means getting a building surveyor to survey and report on your property. They’ll be able to advise if the boundary is where you think it is and whether your neighbor has built on your property. The next step is to talk to your neighbor regarding your concern. If you are already on good terms this should be fairly easy to do.

Can a neighbour build a wall on your land?

A wall straddling the boundary would trespass on your land, so your neighbours would need your consent. If you refuse, they will have to build within their own boundary. However, they could build footings and foundations on your side without consent if they have given you one month’s notice.

Can a neighbor remove part of his build?

Your neighbor may voluntarily remove the part of his build that is on your land. However this may not be practical or possible. You’ll then be faced with a decision as to whether to leave the land as it is, ask your neighbor to pay you an easement or even sell them the small piece of land.

What happens if your neighbour builds over your boundary line?

Your new neighbour has extended his property right over your boundary line in clear violation of the relevant town planning legislation. You feel aggrieved, as it affects your privacy and the value of your property. What do you do in this situation?

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

What should I do if my Neighbor builds a fence on my property?

If your neighbor has taken a few feet of your land when building his fence, you can take steps to take back your land. A caveat, however; make sure you know where your true property boundaries are. For example: the back edge of my property is fenced, and the fence has a four-foot jog where two abutting properties meet.

Is the driveway next to my Neighbor’s property?

My 90 ft driveway is adjacent with a not-so-nice neighbor’s property. Not only does he mow along that strip, he has threatened my son for two years (from age 10-12) that he would “kick his a**” if his ball rolls into his yard (i.e. what is really my yard).

How many feet does a house have to be from the property line?

For example, a local jurisdiction may require a house to be no closer than 20 feet from the front property line, five feet from the property lines on each side of the house, and ten feet from the rear property line.