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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101372
Experience:  Lawyer
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My husband and I built a new house seven years ago. The

Customer Question

My husband and I built a new house seven years ago. The house behind us was built about the same time. It turns out that the developer or builder may have built that house behind us outside of their building pocket, which leaves that their house way too close to our fence. The value of our house maybe compromised because of this and certainly the enjoyment of our yard and home is compromised due to their house being so close to oir fence/property. Can I take legal action against the builder?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 year ago.

Do you know if a by-law was breached?

Why are you waiting for seven years to address this?

Customer: replied 1 year ago.
If the builder did build that home out of the pocket, or if is too big for the pocket, then yes, I believe some breach would be there. The new family in the house is ruining our enjoyment of our property and it was the other night that my husband posed the question about the home possibly being built, um, irregularly. We never thought of it until now.
Expert:  Debra replied 1 year ago.

If there is a by-law breach you can report this to by-law enforcement.

But you cannot know if there was just by the feel. There are very specific by-law requirements that cover how big a house can be in relation to the lot, how close it can be built to the boundaries etc.

In terms of suing it is too late to sue the builder.

There is a two year limitation period for suing in Alberta. That means you have to sue within two years of having discovered the claim or from when you could have discovered it.

You cannot say that you didn't discover the house was where it was until these new owners became unpleasant neighbours so you cannot sue but you can certainly call by-law enforcement.

I am sorry this is not really what you were hoping to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.