Q: I live in a rural area with very high property values. Building codes are extremely stringent, and any construction is ultimately subject to our state coastal commission approval. One of my neighbors recently built a small residence without obtaining a building permit.
The house really has a negative effect on the views as seen from my property — in fact, it is the only structure one can see. I have given him the option of planting screening hedges and trees, but so far he has not complied with my request.
I know that I can report him to the county building department, which is extremely short-staffed, but can I also sue him for diminution of property value?
A: If the neighbor did not get a permit, it is possible that the building department may require that he tear down his house, or at the very least, resolve your concerns.
And I suspect that once you file a complaint with the county, your “neighbor” will suddenly want to talk with you to resolve the matter and have the county complaint dismissed.
I do suggest, however, that you consult with a local attorney. The concept of diminution of property values is vague and often difficult to prove.
Q: Several years ago, I bought a single-family home. According to the survey, there is a 6-foot fence that lies precisely on the property line, and it’s in need of repair. I asked the neighbors on the other side of fence if I could remove the fence, and they said no.
I contacted the building department of our suburb, but it was unable to determine who built the fence. The presence of the fence also makes it more difficult to remove snow and navigate the driveway to get from the street to my garage.
What are my risks if I decide to remove the fence without the consent of the adjoining property owners ? Are there any remedies?
A: Should you decide to remove the fence, I suppose the worst that could happen is your neighbor can file a suit against you. I have given some thought to this and am not sure how your neighbor would be harmed. Clearly, if you have a dog that will be roaming on the next door property because the fence is down, that’s another story.
One possible resolution that should be much less expensive than litigation: Why not volunteer to take down the fence and restore it — at your expense — just inside the neighbor’s property? If there is opposition, then I would go ahead and tear it down, but first talk with a local attorney. The lawyer may want to send a letter to the neighbor, which may generate an amicable resolution.
Q: I am selling my house. For several years, I used a home office for my business and claimed a depreciation. Can I still claim the up-to-$500,000 exemption? I am married and lived in the house for more than five years.
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A: Yes, so long as you meet the “use and ownership” tests (you lived and owned the property for two out of the five years before sale), you can claim that exemption. However, there is a small catch for any deductions you took for your home office starting after May 6, 1997. You have to “recapture” those tax benefits. The recapture is taxed at 25 percent. Don’t do this on your own; make sure you get competent accounting advice.
Benny L. Kass is a practicing attorney in Washington and Maryland. No legal relationship is created by this column; [email protected].