Replies

1. GBA Editor
   Martin Holladay | Jan 20, 2015 10:56am | #1

   Rodrigo,
   My first response is simple: "Of course not."

   But I may be wrong. The only answer that matters is the one that will be provided by your local building department.

2. 
   r_marron | Jan 20, 2015 10:59am | #2

   Thank you for responding quickly. I will look into that.

3. Expert Member
   MALCOLM TAYLOR | Jan 20, 2015 11:20am | #3

   No. Infringment, whether on the ground or aerial, is still infringement. This also applies to roof overhangs, including gutters. Without an easement you can not use a neighbours property. The only exceptions might be infringement onto municipal or common property. Sometimes things like patios and awnings are allowed with licences, but these are generally temporary.
   Even if your municipality for some reason decided to turn a blind eye, you would likely face a civil suit from the neighbouring property owner.

4. 
   STEPHEN SHEEHY | Jan 20, 2015 12:47pm | #4

   Your question should be to a local lawyer, not GBA.

5. Expert Member
   Dana Dorsett | Jan 20, 2015 01:19pm | #5

   In a classic case in Seattle a century or so ago, a developer in a zero-setback downtown district built a multi-story brick building 6-8" back from the property line, then waited while a competitor built a similar building directly up against his. After the second building was fully built & occupied, he then then sued to have the offending building removed from his property (which would have been outrageously expensive to do), and ended up bankrupting the competitor.

   Unless you can get a permanent easement from the abutting neighbor in place ahead of time you would be crazy to cross that line.

6. 
   r_marron | Jan 20, 2015 02:08pm | #6

   All of your responses have been helpful, thank you for your time.