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  #1  
Old 2019-10-28, 09:13 PM
mama_bee mama_bee is offline
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Default Townhouse ease of access question.

i'm in a townhome and .15m of my porch is separated by the property line to my neighbours home.
My neighbour has decided to build a brick wall on this .15m of "his" side of the porch.
I have the Common Elements agreement from when I bought my home and it specifically says that nothing can be altered on the "common party wall".

Who do I contact to have this looked into? City of Ottawa Bylaw hasn't responded to me in a week and all my neighbour keeps saying is that "it's my property, I can do what I want".

help?
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  #2  
Old 2019-10-29, 10:14 PM
OttawaC OttawaC is offline
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I doubt that the City can help. I think you will have to hire a lawyer that specializes in property law. Hopefully a letter from your lawyer will solve the issue. If not, you may need to proceed to court.
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Old 2019-10-30, 12:52 PM
suezuki650 suezuki650 is offline
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It's my understanding that the common party wall is the wall inside the townhouse, not outside. That said call the lawyer that handled your purchase and ask him about this.
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Old 2019-10-30, 02:57 PM
Mitsuko Mitsuko is offline
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Quote:
Originally Posted by mama_bee View Post
Who do I contact to have this looked into? City of Ottawa Bylaw hasn't responded to me in a week and all my neighbour keeps saying is that "it's my property, I can do what I want".
help?
The common party wall is the wall separating the 2 units, not the imaginary line(s) separating the properties. IMO it's not about it.
Your chance is that as per Zoning By-low the minimum setback for new constructions is greater than 0 (this is usually the case, the minimum I know is 0.3m, but it may vary as per Density Subzone). With other words nobody can construct a wall on each side of the property line without a certain setback.
You may try to contact the City Building Permits and approvals Department (not the By-law department) and ask them do you need a permit and can you build such a wall. If the answer to the second question is no, it's no for the neighbor too.
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Old 2019-10-30, 06:32 PM
Halton Home Inspector Halton Home Inspector is offline
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A brick wall requires a foundation and footing to support the wall.

Maybe this monstrosity is just decorative OR maybe the porch will crack from the weight.

What a shame when it comes to some municipalities. Some respond to the people they serve in a timely manner and others do not.

Sounds like the neighbour is a bit funny. Could you both not agree on some other type of barrier of which there are many options.

Time for a detached.
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Last edited by Halton Home Inspector; 2019-10-30 at 06:37 PM.
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Old 2019-10-31, 11:19 AM
Pinecube Pinecube is offline
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Contacting the lawyer that helped you with the purchase, as others have mentioned, is probably the best way to go.

I believe you had another post on here about an eavestoughing issue and in that thread you had a photo of it. If I remember right; your porch was higher than his and had a bit of a concrete lip overhanging his porch/yard. Is it possible that it's really just that lip that's on his property? Either way I can't see building a brick wall on a ledge like that being a good idea.
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Old 2019-11-12, 11:54 PM
mama_bee mama_bee is offline
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Quote:
Originally Posted by Mitsuko View Post
The common party wall is the wall separating the 2 units, not the imaginary line(s) separating the properties. IMO it's not about it.
Your chance is that as per Zoning By-low the minimum setback for new constructions is greater than 0 (this is usually the case, the minimum I know is 0.3m, but it may vary as per Density Subzone). With other words nobody can construct a wall on each side of the property line without a certain setback.
You may try to contact the City Building Permits and approvals Department (not the By-law department) and ask them do you need a permit and can you build such a wall. If the answer to the second question is no, it's no for the neighbor too.
I will check with the City building department next! thanks.
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Old 2019-11-12, 11:56 PM
mama_bee mama_bee is offline
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Quote:
Originally Posted by Pinecube View Post
Contacting the lawyer that helped you with the purchase, as others have mentioned, is probably the best way to go.

I believe you had another post on here about an eavestoughing issue and in that thread you had a photo of it. If I remember right; your porch was higher than his and had a bit of a concrete lip overhanging his porch/yard. Is it possible that it's really just that lip that's on his property? Either way I can't see building a brick wall on a ledge like that being a good idea.
Its the same neighbour, yes! I've contacted a property lawyer and I am waiting to hear back.
0.15m of my higher porch is in fact "over the property line". it's just barely wide enough to fit a brick.
AND the side facing my home is all unfinished with cement pouring out from between the bricks. Bylaw says that it's not a fence so the "good neighbour" bylaw doesn't apply here.
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Old 2019-11-12, 11:58 PM
mama_bee mama_bee is offline
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Quote:
Originally Posted by Halton Home Inspector View Post

Sounds like the neighbour is a bit funny. Could you both not agree on some other type of barrier of which there are many options.

Time for a detached.
Very funny. It's the height of the handrail that was already installed by the builder. He seems to think it gives more privacy?

We have been in this home for a little over a year, If I could afford a detached, I'd be all over it lol
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