Grandfathered property rights generally apply in the context of government statute or regulatory code violations. Unfortunately, that argument does not get them very far in the context of a property line dispute. The homeowners will then argue that his or her rights were “grandfathered in.”ĪLSO READ Construction, Maintenance, and Repair of a Boundary Fence
In either situation, the homeowner may come to the conclusion that the encroachment into the neighbor’s property was justified because in both cases, the construction did not violate the municipal code. Or if a homeowner’s setback area spills into the neighbor’s property, the homeowner may check to see whether or not the setback was in compliance at the time the home was built. What Are These So Called Grandfather Rights on Property?įor example, if the location of a homeowner’s driveway crosses a property line and encroaches onto a neighbor’s land, the homeowner may look to a prior version of the municipal code to figure out whether or not the width of the driveway was proper when it was constructed.
When facing a property dispute, many astute homeowners will look up the local ordinances that govern the subject property to defend their position. Where the Ordinance Provides the Homeowner Grandfathered Rights ?.What Are These So Called Grandfather Rights on Property?.
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