inthehotsun Posted May 13, 2008 Share Posted May 13, 2008 The previous owner of my house used to own the house next to me and rented mine out. I bought my house from him and stupidly did not notice (nor my inspector) that the neighbor's outside deck's awning hangs over my fence. In fact, the outside posts that hold up the awning (small ones) sit on my side of the fence (the posts sit on the cross-boards on the wood fence between our two properties).When it rains, the water falls off the deck's awning and under my house. I know water under a pier and beam home is not the best thing for its foundation so... The previous owner of the house sold it to some crazy lady (really. she's nuts.) and I have a feeling that a friendly talk about either adding a gutter or removing the awning completely is not going to be an easy task.What rights do I have under these circumstances? Link to comment Share on other sites More sharing options...
BryanS Posted May 13, 2008 Share Posted May 13, 2008 Even if there is nothing encroaching across your property line - yet damage still occurs (e.g. foundation shifting due to the river under your house) - you can sue your neighbor. First, however, try talking to them. If no luck - serve them papers. Link to comment Share on other sites More sharing options...
musicman Posted May 13, 2008 Share Posted May 13, 2008 legally your neighbor's awning water shouldn't be coming into your yard.if you're questioning the deck location, getting an accurate survey would be the first thing i would do to see if that IS the case. it sounds like it could get ugly, esp if the lady is crazy as you described.what shape is the fence in between the properties? might it be time for a replacement? Link to comment Share on other sites More sharing options...
inthehotsun Posted May 13, 2008 Author Share Posted May 13, 2008 The fence is about five years old and still in good shape. The neighbor's mental state...she is a recently divorced River Oaks socialite (lived there all her life)...who now takes to drinking too much champagne and has a tendency of coming into my yard and digging up plants...and putting them where she thinks they should be...or clipping my newly planted vine to the point where it's now a stubble. It's really strange. But she does buy my dog organic dog treats and leaves them in my mailbox. Link to comment Share on other sites More sharing options...
memebag Posted May 13, 2008 Share Posted May 13, 2008 You might try giving her a little lovin' before calling in the lawyers. Link to comment Share on other sites More sharing options...
BryanS Posted May 13, 2008 Share Posted May 13, 2008 You might try giving her a little lovin' before calling in the lawyers.Nice, sweet lovin'... Link to comment Share on other sites More sharing options...
musicman Posted May 13, 2008 Share Posted May 13, 2008 looks like it will get ugly Link to comment Share on other sites More sharing options...
ricco67 Posted May 13, 2008 Share Posted May 13, 2008 You might try giving her a little lovin' before calling in the lawyers.Nice, sweet lovin'...<in deep voice>Ooooooh, yeah! Better be good!</in deep voice>Diplomacy might work, but it will take a bit of time. You don't want to irrirate her unless you think she'll kick the bucket in the next five years. Link to comment Share on other sites More sharing options...
BryanS Posted May 13, 2008 Share Posted May 13, 2008 <in deep voice>Ooooooh, yeah! Better be good!</in deep voice>Diplomacy might work, but it will take a bit of time. You don't want to irrirate her unless you think she'll kick the bucket in the next five years.I can't help myself... Link to comment Share on other sites More sharing options...
jm1fd Posted May 13, 2008 Share Posted May 13, 2008 Maybe you should bake up some treats for her.... Link to comment Share on other sites More sharing options...
inthehotsun Posted May 14, 2008 Author Share Posted May 14, 2008 it sounds like some people have too much time on their hands (or need a creative outlet at work). thanks for the laughs. i'll be sure to go back to this posting after our cat-fight and i need a little pick-me-up. Link to comment Share on other sites More sharing options...
dbigtex56 Posted May 14, 2008 Share Posted May 14, 2008 did not notice (nor my inspector) that the neighbor's outside deck's awning hangs over my fence.Seems like the inspector should shoulder part of the blame. Link to comment Share on other sites More sharing options...
BryanS Posted May 14, 2008 Share Posted May 14, 2008 Seems like the inspector should shoulder part of the blame.Actually... shouldn't this have been noted on the survey? Any encroachments, easements should be noted... The inspector is typically focused on the structure (that you're buying) vs. property line issues... Link to comment Share on other sites More sharing options...
inthehotsun Posted May 16, 2008 Author Share Posted May 16, 2008 Actually... shouldn't this have been noted on the survey? Any encroachments, easements should be noted... The inspector is typically focused on the structure (that you're buying) vs. property line issues...Who know, I didn't know what the heck I was doing when I bought my house. It was cute little bungalow; I wanted to leave my apartment. I saw one house on a Saturday and one house on Sunday; by Monday, I was submitting my contract for the second house I saw. I used the seller's realtor (since I didn't have one and really wasn't expecting to buy a house "that" soon) and the survey was already done before I got into the picture. It did not mention the awning thing. I'm not sure if it put up post-survey. I didn't notice it myself until my father pointed it out at least a year after I had lived here. (Note to self: ask father to check out property in the future before signing on the dotted line...)Although there are five thousand things wrong with my property (the awning is just one of them), overall, I'm still happy with my house. The house is fine. The property since the previous owner owned the property next to mine carved out a better slice of the pie for his part of the land. Mine was like the red-headed stepchild, I'm sad to say, in the deal.I moved to Houston from the east coast and since no one has any backyard/frontyard there, I was naive in what was "normal" for the Heights.I was seduced by the curb appeal.Oh well. I do worry about resell value (if I decide to move). Let's just hope I find another naive, single-female with no real estate experience that falls in love with the adorable bungalow nestled between the flowering plants to buy this when I'm ready to fly away. Link to comment Share on other sites More sharing options...
RedScare Posted May 16, 2008 Share Posted May 16, 2008 I was seduced by the curb appeal. Then do not worry about resale. The fact is, when one moves inside the loop, one realizes that there are other considerations than merely lot size, yard size, or even garage size. Those are suburban considerations. If you have a sturdy home, and you have a decent eye for charm, you are in fine shape. As for the awning, if it is on your property, you have an absolute right to demand its removal. Whether you make that demand is another matter. Your fence may not be exactly on the property line. Make sure the awning is actually on your property before you do or say anything. Assuming that it actually is on your property, decide whether it is really offensive. If not, then only the drainage is a concern. There are several ways to deal with water. As you mentioned, a gutter may work. You can also build a berm of dirt along the side of your house to keep water out. One side of my house has concrete edging running along it to keep water from running under the house. You can also move the dirt around to form a swale, which will channel water away. Of course, if the runoff from the awning is severe, it may beat a hole in the ground. Some pavers can help soften the blow. The most expensive solution is to install drains and pipe the water to the front ditch. The advantage to doing this is that you can drain your own gutters into it. However, this can cost upwards of $15-20 a foot to install, and may be overkill. BTW, there is no "normal" in the Heights. That's what's so great about it. Link to comment Share on other sites More sharing options...
inthehotsun Posted May 17, 2008 Author Share Posted May 17, 2008 RedScare, thanks so much for all those wonderful suggestions. Most of them, I didn't even think about. I'm so glad I found this site. I really am a novice when it comes to real estate, home repair, etc. so all the help I've received on this site is appreciated. Link to comment Share on other sites More sharing options...
GREASER Posted May 17, 2008 Share Posted May 17, 2008 Get a new survey. She could be in the wrong, but the fence could be encroaching on her property. As long as you pay and have the info it will work in your favor (by not saying anything if your wrong)Its against the law to redirect runoff water to someone elses yard.Run 4in PVC to the street anyway. I had 2 day laborers, 8$/hr, dig 50 feet in 2 hrs. Then 1hr to lay the pipe and cover it up. Link to comment Share on other sites More sharing options...
silverartfox Posted May 17, 2008 Share Posted May 17, 2008 RedScare, thanks so much for all those wonderful suggestions. Most of them, I didn't even think about. I'm so glad I found this site. I really am a novice when it comes to real estate, home repair, etc. so all the help I've received on this site is appreciated.As the owner of a Heights bungalow, you might want to take a look at the Old House Web Forum for informative discussions of issues faced by other owners of vintage homes. I've found a great deal of valuable information there. Link to comment Share on other sites More sharing options...
ricco67 Posted May 17, 2008 Share Posted May 17, 2008 RedScare, thanks so much for all those wonderful suggestions. Most of them, I didn't even think about. I'm so glad I found this site. I really am a novice when it comes to real estate, home repair, etc. so all the help I've received on this site is appreciated. Be sure to tell your friends. As the owner of a Heights bungalow, you might want to take a look at the Old House Web Forum for informative discussions of issues faced by other owners of vintage homes. I've found a great deal of valuable information there. And be sure to refer them HERE. Link to comment Share on other sites More sharing options...
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