asked:
We have a neighbor who have an on-going house construction and they wanted to have a terrace place on the area where our right of way was placed/positioned. As far as I know when you are constructing a house it should be within your allotted area and that includes the terrace, I just want to know the minimum specification for a right of way, forgot to tell you, our house location is in the inner portion from another right of way before the main street. Our neighbor on the right side have constructed also their house, the one i’m telling you was on the left portion where the main pathway was placed. My concern is that if our neighbor in front would decide to construct, our house will be covered and the path would be available is our right of way… does our neighbor have the right to place a terrace on top of our right of way even though it’s not covered by the their lot area? please informed me. thank you.
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No. They do not have the right to build on your right of way or your property and the city code for your area should not only specify that but require that nothing be built within a certain distance of the property lines. For example in my old neighborhood, there has to be 3 feet from the wall of a house to the side property lines and the roof cannot overhang the line. An old garage can be within 3 feet of the property line, but if it is torn down and rebuilt, it can’t be closer than the current code requirement which is 5 feet.