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mkjamom

Planned Community Space

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I live in a planned community in Lane County Oregon. Our backyard is very narrow - approximately 13 feet deep. The builders are now building a new home behind us, unfortunately they've chosen to build the foundation approximately two feet from the property line. All the homes within this community are built at least 13 (most of them much more than than) from the property line - giving at least 26 feet of space between homes. This new house will be about 15 feet from my back door (13 of those feet my own property). Are there any proximity laws protecting a property owners space? This house they are building back to back with us - will have exactly two feet of back yard (no exaggeration).

Also, my house was on a slope behind this lot - the builder cut into that slope within six inches of the property line - creating a three foot drop off from our yard into the new one. Since they cut into the natural slope - should they be responsible for building a retaining wall when my backyard starts sliding away (once the rain comes)?

Thank you for any light that can be shed on this situation!

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Does your planned community have Covenants, Conditions, and Restrictions that each homeowner is subject to? Usually, each section of planned community has its own unique Codes, Covenants and

Restrictions (CC&R's) that maintain the quality and over-all

standards of the community.

Many of those rules will address the issue of proximity protecting an owner's open space and the builder's right on the land.

Here are a few links to assist you:

Consider scheduling a free consultation with a real estate attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.

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