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15 Comments on Jackhammer brings public awareness to decades long encroachment dispute
Wow is all I can say. Wonder how wide the setback is? Looks like the entire addition needs to go or at least half of it.
What do you think the Realtors and the buyers think when they see this? Knowing some buyers and Realtors it may be nothing.
The guy needs to put a sign on the fence saying this is my property line.
So does the bank just need to buy the encroached property from him to make it okay?
Faye - this is a 2 car wide carport. I'm not sure what the setback is, but at least half this structure would need to go. Maybe they could make it a tandem carport? This will turn off all buyers, I really feel for the listing agent because he is a good guy. I agree ... a sign would be good.
BLiz - the encroached upon owner doesn't want to sell the property. The carport owner tried to sue for an easement but lost, they were slapped with a $45K fine, yet here the carport still sits.
I feel for the agent and the "encroached upon" owner next door. When I first read this article I thought he was doing a smart thing by making sure new owners understood they had a structure in violation of the code.
Dave - If I were the listing agent I would have my head in my hands right now. I think this is a REALLY clear message to potential buyers. And since this is happening on one of the most expensive streets in Santa Rosa, it is sending a clear message to City Hall as well.
Hi Cynthia - It's amazing that this issue has been around for 40 years without a resolution - it seems pretty clear who the bad guy is, as well as that the owner seems to have wasted $30k on ineffective legal representation and that the property never should have closed in previous sales with an issue like that. Please post how this turns out if you can. Thanks.
Boy! I agree with Dick! I can't imagine how this property has changed hands so many times without this becoming a title insurance issue that would have stopped any lender in their tracks.
Holy Double Dose . . . battling BofA AND a governmental (emphasis on the MENTAL part of that word) and it's a real double dose of annoyance. Wonder what happened 40 years ago to have this encroachment to begin with.
Dick - according to the local paper, there are letters that date back to 1970 asking the offender to remove the carport.
Marti - I guess there was never any type of lien or lis pendens filed? The owner who erected the carport in the late 60's died just a little while back and had still owned the house all those years.The property changed hands once, this will be the second time.
Carla - I'm not sure the guy who built the carport knew that he was encroaching. Permits is whole other issue, he built many additions without permits.
Cynthia - OY VEY!!! I too can not believe that the City of Santa Rosa has allowed this to go on for as long as it has. Has the owner whose property was encroached ever tried to file suit against the city for their involvement of allowing the former owner to encroach the other owners property?
This is just incredible Cynthia. Why would the city allow this for so long when it is so clear.
I love it, now that is a great story of Americana. The homeowners answer to boycott Wall Street!
Donne - I'm not sure, but there is a hearing the middle of this month. B of A has been encouraged to attend since they are the new owner of the home with the numerous violations. I have a feeling it will be sorted out soon, now that this story landed on the front page of our local newspaper. This street is one of the most expensive in Santa Rosa and is also a historical district. Oops.
John - I'm not sure how hard this fight has been fought until now. The jackhammer incident brought this to light ... who knew??
Paul - I'm loving it too. Enough is enough.
Wow is right! It's like the real life version of sitcom problems "You're tree is dropping leaves on my property!". I cannot believe that this problem has persisted to this length of time, that's insane. Props to the neighbor for attempting to handle the unpermitted structure. What's a home owner to do?
Sun Pacific - Isn't this wild?
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