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  #1  
Old 12-04-2010, 09:41 PM
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That house looks pretty new so I'd be asking some questions about who goofed on the surveying.

Regardless, I'd look into the possibility of an easement. There has to be a limit butfor the sake of 5cm, it seems extreme.

When my neighbor sold his house, the city forced him to re-survey it and it was determined that his fence wasn't quite straight and one end was something like 5 inches onto my property. Now I know this isn't a FIRE issue, but I granted him and easement for the fence and the problem was solved. Had I not done that though, he would have had to either pay me to give in or tear down the fence.

Did the house design show bedrooms in the basement ? A window is required for egress in basement bedrooms so you'd have even more ammo against the builder because you wouldn't be able to move the window because you'd need it for the bedroom.

Bottom line is that the window thing should be someone else's problem; not yours.
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Old 12-04-2010, 09:53 PM
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Quote:
Originally Posted by DiverDude View Post
That house looks pretty new so I'd be asking some questions about who goofed on the surveying.

Did the house design show bedrooms in the basement ? A window is required for egress in basement bedrooms so you'd have even more ammo against the builder because you wouldn't be able to move the window because you'd need it for the bedroom.

Bottom line is that the window thing should be someone else's problem; not yours.

My thoughts exactly.
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Old 12-04-2010, 10:52 PM
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i don't know how you should be responsible for moving the windows.
whoever built it had to pass code.
so I don't know how it is an issue now.
if it is a new house, the builder should definitely be responsible.
and if it has been around for a few years, the city passed the windows initially.. not sure how it can be a problem now.
as for doing the work yourself, take it from someone who just built his own house, don't try it unless you know what you are doing. in the long run it just ain't worth the hassle and will definitely hurt your bottom line when selling if not done right.
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Old 12-04-2010, 11:07 PM
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The house next to you has to remove their windows too right? To protect YOU in the event of a fire??
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Old 12-04-2010, 11:24 PM
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Originally Posted by Borderjumper View Post
The house next to you has to remove their windows too right? To protect YOU in the event of a fire??
nope the other people are probably the proper distance from the property line. the measurment isn't between houses but from the property line to the house.

Steve
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Old 12-04-2010, 11:40 PM
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Originally Posted by StirCrazy View Post
nope the other people are probably the proper distance from the property line. the measurment isn't between houses but from the property line to the house.

Steve
Omg that's crazy. So two houses side by side, each have basement windows facing each other, but only one house is deem a danger in case of a fire?
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Old 12-06-2010, 02:35 PM
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Anyone know if it's possible to buy 5cms off your neighbors lot? If this is possible it would sure solve all my problems right now
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Old 12-06-2010, 04:46 PM
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can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.
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Old 12-06-2010, 05:05 PM
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Quote:
Originally Posted by howdy20012002 View Post
can you just set your windows back in the window well 5 more cms?
buying a couple of smaller winows would be way cheaper.
Nope, the problem really doesn't have anything to do with the windows, the actual house or foundation is 5cm too close to the properly line. The variance will allow the house to pass fire code if the windows are removed. The idea is that fire can spread to the house next door easier if windows are present. Removing the windows will delay the spread of a fire to the next house and make up for the 5cm screw up.
Smaller windows are also not an option, although smaller windows will result in lower amount of fire protrusion it still isn't enough to satisfy the variance. In addition the windows are already the minimum size required for bedrooms so making them smaller is the same as removing them for us since the idea is to have legal bedrooms.

Really it's all a bunch of BS in my mind, the fact is there is still over 3 meters between the two houses and the limit is 2.4 meters so realistically it's fine, however since it's based on the properly line and not the combined distance we're in trouble. Ideally it would be nice if we could just revise the two lots and have them resurveyed so my lot gains 5cm and the neighbors losses 5cm. The cost of this would be well worth while if it resulted in the windows being legal.

Last edited by sphelps; 12-06-2010 at 05:09 PM.
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Old 12-06-2010, 05:19 PM
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as far as I am concerned
the city inspectors screwed the pooch on this.
during the foundation inspection, they should have picked up on the fact that the house was in the wrong place.
interesting...i would definitely talk to a lawyer
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